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A Billion Suns Mike Hutchinson Download

The document provides links to download the ebook 'A Billion Suns' by Mike Hutchinson and several other related titles. It also includes regulations regarding the provisions, medical supplies, and log-book requirements for merchant vessels in the United States. Additionally, it outlines penalties for non-compliance with these regulations.

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100% found this document useful (1 vote)
125 views41 pages

A Billion Suns Mike Hutchinson Download

The document provides links to download the ebook 'A Billion Suns' by Mike Hutchinson and several other related titles. It also includes regulations regarding the provisions, medical supplies, and log-book requirements for merchant vessels in the United States. Additionally, it outlines penalties for non-compliance with these regulations.

Uploaded by

iukmoprc6046
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Should any master or owner of any merchant vessel of the United
States neglect to provide a sufficient quantity of stores to last for a
voyage of ordinary duration to the port of destination, and in
consequence of such neglect the crew are compelled to accept a
reduced scale, such master or owner shall be liable to a penalty as
provided in section forty-five hundred and sixty-eight of the Revised
Statutes. (R. S., 4564. Dec. 21, 1898; sec. 12.)
Any three or more of the crew of any merchant-vessel of the United
States bound from a port in the United States to any foreign port, or
being of the burden of seventy-five tons or upward, and bound from a
port on the Atlantic to a port on the Pacific, or vice versa, may
complain to any officer in command of any of the vessels of the
United States Navy, or consular officer of the United States, or
shipping-commissioner or chief officer of the customs, that the
provisions or water for the use of the crew are, at any time, of bad
quality, unfit for use, or deficient in quantity. Such officer shall
thereupon examine the provisions or water, or cause them to be
examined; and if, on examination, such provisions or water are found
to be of bad quality and unfit for use, or to be deficient in quantity,
the person making such examination shall certify the same in writing
to the master of the ship. If such master does not thereupon provide
other proper provisions or water, where the same can be had, in lieu
of any so certified to be of a bad quality and unfit for use, or does not
procure the requisite quantity of any so certified to be insufficient in
quantity, or uses any provisions or water which have been so certified
as aforesaid to be of bad quality and unfit for use, he shall, in every
such case, be liable to a penalty of not more than one hundred
dollars; and upon every such examination the officers making or
directing the same shall enter a statement of the result of the
examination in the log-book, and shall send a report thereof to the
district judge for the judicial district embracing the port to which such
vessel is bound; and such report shall be received in evidence in any
legal proceedings. (R. S., 4565.)
If the officer to whom any such complaint in regard to the
provisions or the water is made certifies in such statement that there
was no reasonable ground for such complaint, each of the parties so
complaining shall forfeit to the master or owner his share of the
expense, if any, of the survey. [This section shall not apply to fishing
or whaling vessels or yachts—Dec. 21, 1898, sec. 26.] (R. S., 4566.
Dec. 21, 1898; sec. 13.)
If any seamen, while on board any vessel, shall state to the master
that they desire to make complaint, in accordance with the two
preceding sections, in regard to the provisions or the water, to a
competent officer, against the master, the master shall, if the vessel is
then at a place where there is any such officer, so soon as the service
of the vessel will permit, and if the vessel is not then at such a place,
so soon after her first arrival at such place as the service of the vessel
will permit, allow such seamen, or any of them, to go ashore, or shall
send them ashore, in proper custody, so that they may be enabled to
make such complaint; and shall, in default, be liable to a penalty of
not more than one hundred dollars. (R. S., 4567.)
If, during a voyage, the allowance of any of the provisions which
any seaman is entitled to under section forty-six hundred and twelve
of the Revised Statutes is reduced except for any time during which
such seamen willfully and without sufficient cause refuses or neglects
to perform his duty, or is lawfully under confinement for misconduct
either on board or on shore; or if it shall be shown that any of such
provisions are, or have been during the voyage, bad in quality or unfit
for use, the seaman shall receive, by way of compensation for such
reduction or bad quality, according to the time of its continuance, the
following sums, to be paid to him in addition to and to be recoverable
as wages:
First. If his allowance is reduced by any quantity not exceeding one-third of the
quantity specified by law, a sum not exceeding fifty cents a day.
Second. If his allowance is reduced by more than one-third of such quantity, a
sum not exceeding one dollar a day.
Third. In respect to bad quality, a sum not exceeding one dollar a day.
But if it is shown to the satisfaction of the court before which the
case is tried that any provisions, the allowance of which has been
reduced, could not be procured or supplied in sufficient quantities, or
were unavoidably injured or lost, or if by reason of its innate qualities
any article becomes unfit for use and that proper and equivalent
substitutes were supplied in lieu thereof, the court shall take such
circumstances into consideration and shall modify or refuse
compensation, as the justice of the case may require. [This section
shall not apply to fishing or whaling vessels or yachts—Dec. 21, 1898,
sec. 26.] (R. S., 4568. Dec. 21, 1898; sec. 14.)

Weights and measures.


Every master shall keep on board proper weights and measures for
the purpose of determining the quantities of the several provisions
and articles served out, and shall allow the same to be used at the
time of serving out such provisions and articles, in the presence of a
witness, whenever any dispute arises about such quantities, and in
default shall, for every offense, be liable to a penalty of not more than
fifty dollars. (R. S., 4571.)

Medicines and anti-scorbutics.


Every vessel belonging to a citizen of the United States, bound from
a port in the United States to any foreign port, or being of the burden
of seventy-five tons or upward, and bound from a port on the Atlantic
to a port on the Pacific, or vice versa, shall be provided with a chest of
medicines; and every sailing-vessel bound on a voyage across the
Atlantic or Pacific Ocean, or around Cape Horn, or the Cape of Good
Hope, or engaged in the whale or other fisheries, or in sealing, shall
also be provided with, and cause to be kept, a sufficient quantity of
lime or lemon juice, and also sugar and vinegar or other anti-
scorbutics, to be served out to every seaman as follows: The master
of every such vessel shall serve the lime or lemon juice, and sugar
and vinegar, to the crew, within ten days after salt provisions mainly
have been served out to the crew, and so long afterward as such
consumption of salt provisions continues; the lime or lemon juice and
sugar daily at the rate of half an ounce each per day; and the vinegar
weekly at the rate of half a pint per week for each member of the
crew. (R. S., 4569.)
If, on any such vessel, such medicines, medical stores, lime or
lemon juice, or other articles, sugar, and vinegar, as are required by
the preceding section, are not provided and kept on board, as
required, the master or owner shall be liable to a penalty of not more
than five hundred dollars; and if the master of any such vessel
neglects to serve out the lime or lemon juice, and sugar and vinegar
in the case and manner directed, he shall for each such offense be
liable to a penalty of not more than one hundred dollars; and if any
master is convicted in either of the offenses mentioned in this section,
and it appears that the offense is owing to the act or default of the
owner, such master may recover the amount of such penalty, and the
costs incurred by him, from the owner. (R. S., 4570.)

lop chest.
Every such vessel [R. S., 4569] except vessels engaged in the
whaling or fishing business shall also be provided with a slop-chest,
which shall contain a complement of clothing for the intended voyage
for each seaman employed, including boots or shoes, hats, or caps,
under clothing and outer clothing, oiled clothing, and everything
necessary for the wear of a seaman; also a full supply of tobacco and
blankets. Any of the contents of the slop-chest shall be sold, from
time to time, to any or every seaman applying therefor, for his own
use, at a profit not exceeding ten per centum of the reasonable
wholesale value of the same at the port at which the voyage
commenced. And if any such vessel is not provided, before sailing, as
herein required, the owner shall be liable to a penalty of not more
than five hundred dollars. The provisions of this section shall not apply
to vessels plying between the United States and the Dominion of
Canada, Newfoundland, the Bermuda Islands, the Bahama Islands,
the West Indies, Mexico and Central America. (June 26, 1884; sec. 11.
June 19, 1886; sec. 13.)

Warmth and clothing.


Every vessel bound on any foreign voyage exceeding in length
fourteen days shall also be provided with at least one suit of woolen
clothing for each seaman, and every vessel in the foreign or domestic
trade shall provide a safe and warm room for the use of seamen in
cold weather. Failure to make such provision shall subject the owner
or master to a penalty of not less than one hundred dollars. [This
section shall not apply to fishing or whaling vessels or yachts—Dec.
21, 1898, sec. 26.] (R. S., 4572; Dec. 21, 1898; sec. 15.)

og-book.
Every vessel making voyages from a port in the United States to any
foreign port, or being of the burden of seventy-five tons, or upward,
from a port on the Atlantic to a port on the Pacific, or vice versa, shall
have an official log-book; and every master of such vessel shall make,
or cause to be made therein, entries of the following matters, that is
to say:
First. Every legal conviction of any member of his crew, and the punishment
inflicted.
Second. Every offense committed by any member of his crew for which it is
intended to prosecute, or to enforce a forfeiture, together with such statement
concerning the reading over such entry, and concerning the reply, if any, made to
the charge, as is required by the provisions of section forty-five hundred and
ninety-seven.
Third. Every offense for which punishment is inflicted on board, and the
punishment inflicted.
Fourth. A statement of the conduct, character, and qualifications of each of his
crew; or a statement that he declines to give an opinion of such particulars.
Fifth. Every case of illness or injury happening to any member of the crew, with
the nature thereof, and the medical treatment.
Sixth. Every case of death happening on board, with the cause thereof.
Seventh. Every birth happening on board, with the sex of the infant, and the
names of the parents.
Eighth. Every marriage taking place on board, with the names and ages of the
parties.
Ninth. The name of every seaman or apprentice who ceases to be a member of
the crew otherwise than by death, with the place, time, manner, and cause
thereof.
Tenth. The wages due to any seaman or apprentice who dies during the
voyage, and the gross amount of all deductions to be made therefrom.
Eleventh. The sale of the effects of any seaman or apprentice who dies during
the voyage, including a statement of each article sold, and the sum received for it.
Twelfth. In every case of collision in which it is practicable so to do, the master
shall, immediately after the occurrence, cause a statement thereof, and of the
circumstances under which the same occurred, to be entered in the official log-
book. Such entry shall be made in the manner prescribed in section forty-two
hundred and ninety-one, and failure to make such entry shall subject the offender
to the penalties prescribed by section forty-two hundred and ninety-two. (R. S.,
4290; Feb. 14, 1900.)
Every entry hereby required to be made in the official log-book shall
be signed by the master and by the mate, or some other one of the
crew, and every entry in the official log-book shall be made as soon as
possible after the occurrence to which it relates, and, if not made on
the same day as the occurrence to which it relates, shall be made and
dated so as to show the date of the occurrence, and of the entry
respecting it; and in no case shall any entry therein, in respect of any
occurrence happening previously to the arrival of the vessel at her
final port, be made more than twenty-four hours after such arrival. (R.
S., 4291.)
If in any case the official log-book is not kept in the manner hereby
required, or if any entry hereby directed to be made in any such log-
book is not made at the time and in the manner hereby directed, the
master shall, for each such offense, be liable to a penalty of not more
than twenty-five dollars; and every person who makes, or procures to
be made, or assists in making, any entry in any official log-book in
respect of any occurrence happening previously to the arrival of the
vessel at her final port of discharge, more than twenty-four hours
after such arrival, shall, for each offense, be liable to a penalty of not
more than one hundred and fifty dollars. (R. S., 4292.)
CHAPTER III
ENTRY AND CLEARANCE
learance.
The master or person having the charge or command of any vessel
bound to a foreign port, shall deliver to the collector of the district
from which such vessel is about to depart, a manifest of all the cargo
on board the same, and the value thereof, by him subscribed, and
shall swear to the truth thereof; whereupon the collector shall grant a
clearance for such vessel and her cargo, but without specifying the
particulars thereof in the clearance, unless required by the master or
other person having the charge or command of such vessel so to do.
If any vessel bound to a foreign port departs on her voyage to such
foreign port without delivering such manifest and obtaining a
clearance, as hereby required, the master or other person having the
charge or command of such vessel shall be liable to a penalty of five
hundred dollars for every such offense. (R. S., 4197; Apr. 29, 1902.)

Master's oath.
The oath to be taken by the master or commander of the vessel
shall be as follows:
District of
I, (insert the name), master or commander of the (insert the
denomination and name of the vessel), bound from the port of (insert
the name of the port or place sailing from) to (insert the name of the
port or place bound to), do solemnly, sincerely, and truly swear (or
affirm, as the case may be) that the manifest of the cargo on board
the said (insert denomination and name of the vessel) now delivered
by me to the collector of this district, and subscribed with my name
contains, according to the best of my knowledge and belief, a full,
just, and true account of all the goods, wares, and merchandise now
actually laden on board the said vessel, and of the value thereof; and
if any other goods, wares, or merchandise shall be laden or put on
board the said (insert denomination and name of vessel) previous to
her sailing from this port, I will immediately report the same to the
said collector. I do also swear (or affirm) that I verily believe the
duties on all the foreign merchandise therein specified have been paid
or secured, according to law, and that no part thereof is intended to
be relanded within the United States, and that if by distress or other
unavoidable accident it shall become necessary to reland the same, I
will forthwith make a just and true report thereof to the collector of
the customs of the district wherein such distress or accident may
happen. So help me God. (R. S., 4198; Apr. 29, 1902.)

orm of outward manifest.


The form of the report and manifest to be delivered to the collector
shall be as follows: (R. S., 4199; Apr. 29, 1902.)

Report and manifest of the cargo laden at the port of ,


on board the , master, bound for port .

Marks. Numbers. Packages Contents or Value at


or articles quantities. the port of
in bulk. exportation.

Before a clearance shall be granted for any vessel bound to a


foreign port, the owners, shippers, or consignors of the cargo of such
vessel shall deliver to the collector manifests of the cargo, or the parts
thereof shipped by them respectively, and shall verify the same by
oath. Such manifests shall specify the kinds and quantities of the
articles shipped respectively, and the value of the total quantity of
each kind of articles; and the oath to each manifest shall state that it
contains a full, just, and true account of all articles laden on board of
such vessel by the owners, shippers, or consignors respectively, and
that the values of such articles are truly stated, according to their
actual cost, or the values which they truly bear at the port and time of
exportation. And before a clearance shall be granted for any such
vessel, the master of that vessel, and the owners, shippers, and
consignors of the cargo, shall state, upon oath, to the collector, the
foreign port or country in which such cargo is truly intended to be
landed. The oaths shall be taken and subscribed in writing. (R. S.,
4200; Apr. 29, 1902.)

orm of clearance.
The form of a clearance, to be granted to a ship or vessel on her
departure to a foreign port or place, shall be as follows:
District of , ss,
Port of
These are to certify all whom it doth concern, that , master or commander of
the , burden tons, or thereabouts, mounted with guns, navigated
with men, built, and bound for , having on board , hath
here entered and cleared his said vessel according to law. Given under our hands and seals,
at the custom-house of , this day of , one thousand , and in
the year of the Independence of the United States of America. (R. S., 4201; Apr. 29,
1902.)

tate inspection laws.


The collectors and other officers of the customs shall pay due
regard to the inspection laws of the States in which they may
respectively act, in such manner that no vessel having on board goods
liable to inspection shall be cleared until the master, or other proper
person, shall have produced such certificate that all such goods have
been duly inspected, as the laws of the respective States may require
to be produced to collectors or other officers of the customs. (R. S.,
4202; Apr. 29, 1902.)

Manifests in Alaskan and insular trades.


The provisions of sections four thousand one hundred and ninety-
seven to four thousand two hundred, inclusive, of the Revised
Statutes of the United States, requiring statements of quantity and
value of goods carried by vessels clearing from the United States to
foreign ports, shall be extended to and govern, under such regulations
as the Secretary of Commerce shall prescribe, in the trade between
the United States and Hawaii, Porto Rico, Alaska, the Philippine
Islands, Guam, and its other noncontiguous territory, and shall also
govern in the trade conducted between said islands and territory, and
in shipments from said islands or territory to other parts of the United
States: Provided, That this law shall not apply in the Philippine Islands
during such time as the collectors of customs of those islands are
under the jurisdiction of the War Department. (Apr. 29, 1902; Feb. 14,
1903; secs. 7, 10.)

ullion and coin.


All vessels belonging to citizens of the United States, and bound
from any port in the United States to any other port therein, or to any
foreign port, or from any foreign port to any port in the United States,
shall, before clearance, receive on board all such bullion, coin, United
States notes and bonds and other securities, as the Government of
the United States or any department thereof, or any minister, consul,
vice-consul, or commercial or other agent of the United States abroad,
shall offer, and shall securely convey and promptly deliver the same to
the proper authorities or consignees, on arriving at the port of
destination; and shall receive for such service such reasonable
compensation as may be allowed to other carriers in the ordinary
transactions of business. (R. S., 4204.)

ees.
Previous to a clearance being granted to any vessel, outward
bound, the legal fees which shall have accrued on such vessel shall be
paid at the offices where such fees are respectively payable; and
receipts for the same shall be produced to the collector or other
officer whose duty it may be to grant clearances, before a clearance is
granted. (R. S., 4206; June 19, 1886.)
Whenever any clearance is granted to any vessel of the United
States, duly registered as such, and bound on any foreign voyage, the
collector of the district shall annex thereto, in every case, a copy of
the rates or tariffs of fees which diplomatic and consular officers are
entitled, by the regulations prescribed by the President, to receive for
their service. (R. S., 4207.)

Deposit of papers.
The register, or other document in lieu thereof, together with the
clearance and other papers granted by the officers of the customs to a
vessel at her departure from the port from whence she may have
arrived, Mediterranean passports excepted, shall previous to entry be
produced to the collector with whom such entry is to be made, and
shall remain in his office; and on the clearance of such vessel the
register and other documents shall be returned to the master or
owner of such vessel. (R. S., 2790.)
The register, or other document in lieu thereof, together with the
clearance and other papers granted by the officers of the customs to
any foreign vessel, at her departure from the port from which she may
have arrived, shall, previous to entry in any port of the United States,
be produced to the collector with whom such entry is to be made. It
shall be the duty of the master, within forty-eight hours after such
entry, to deposit the papers with the consul or vice-consul of the
nation to which the vessel belongs, and to deliver to the collector the
certificate of such consul or vice-consul that the papers have been so
deposited. Every master who fails to comply with this regulation shall
be punishable by a fine of not less than five hundred dollars, nor more
than two thousand dollars. (R. S., 4209.)
It shall be the duty of all masters of vessels for whom any official
services shall be performed by any consular officer, without the
payment of a fee, to require a written statement of such services from
such consular officer, and, after certifying as to whether such
statement is correct, to furnish it to the collector of the district in
which such vessels shall first arrive on their return to the United
States; and if any such master of a vessel shall fail to furnish such
statement, he shall be liable to a fine of not exceeding fifty dollars,
unless such master shall state under oath that no such statement was
furnished him by said consular officer. And it shall be the duty of every
collector to forward to the Secretary of the Treasury all such
statements as shall have been furnished to him, and also a statement
of all certified invoices which shall have come to his office, giving the
dates of the certificates, and the names of the persons for whom and
of the consular officer by whom the same were certified. (R. S., 4213;
June 26, 1884; sec. 13.)

War documents; passports; sea letters.


Every vessel of the United States, going to any foreign country,
shall, before she departs from the United States, at the request of the
master, be furnished by the collector for the district where such vessel
may be, with a passport, the form for which shall be prescribed by the
Secretary of State. In order to be entitled to such passport, the
master of every such vessel shall be bound, with sufficient sureties, to
the Treasurer of the United States, in the penalty of two thousand
dollars, conditioned that the passport shall not be applied to the use
or protection of any other vessel than the one described in it; and
that, in case of the loss or sale of any vessel having such passport,
the same shall, within three months, be delivered up to the collector
from whom it was received, if the loss or sale take place within the
United States; or within six months, if the same shall happen at any
place nearer than the Cape of Good Hope; and within eighteen
months, if at a more distant place. (R. S., 4306.)
If any vessel of the United States shall depart therefrom, and shall
be bound to any foreign country, other than to some port in America,
without such passport, the master of such vessel shall be liable to a
penalty of two hundred dollars for every such offense. (R. S., 4307.)
Every unregistered vessel owned by a citizen of the United States,
and sailing with a sea-letter, going to any foreign country, shall, before
she departs from the United States, at the request of the master, be
furnished by the collector of the district where such vessel may be
with a passport, for which the master shall be subject to the rules and
conditions prescribed for vessels of the United States. (R. S., 4308.)
Every master of a vessel, belonging to citizens of the United States,
who shall sail from any port of the United States, shall, on his arrival
at a foreign port, deposit his register, sea-letter, and Mediterranean
passport with the consul, vice-consul, commercial agent, or vice-
commercial agent, if any there be at such port; and it shall be the
duty of such consul, vice-consul, commercial agent, or vice-
commercial agent, on such master or commander producing to him a
clearance from the proper officer of the port where his vessel may be,
to deliver to the master all of his papers, if such master or
commander has complied with the provisions of law relating to the
discharge of seamen in a foreign country, and to the payment of the
fees of consular officers. (R. S., 4309.)
Every master of any such vessel who refuses or neglects to deposit
the papers as required by the preceding section, shall be liable to a
penalty of five hundred dollars, to be recovered by such consul, vice
consul, commercial agent, or vice-commercial agent, in his own name,
for the benefit of the United States, in any court of competent
jurisdiction. (R. S., 4310.)

llegal boarding of vessel.


Every person who, not being in the United States service, and not
being duly authorized by law for the purpose, goes on board any
vessel about to arrive at the place of her destination, before her actual
arrival, and before she has been completely moored, without
permission of the master, shall, for every such offense, be punishable
by a fine of not more than two hundred dollars, and by imprisonment
for not more than six months; and the master of such vessel may take
any such person so going on board into custody, and deliver him up
forthwith to any constable or police officer, to be by him taken before
any justice of the peace, to be dealt with according to the provisions
of this Title (R. S., 4501-4613). (R. S., 4606.)
The Secretary of Commerce is hereby authorized and directed to
prescribe from time to time and enforce regulations governing the
boarding of vessels arriving at the seaports of the United States,
before such vessels have been properly inspected and placed in
security, and for that purpose to employ any of the officers of that [or
Treasury] Department. (Mar. 31, 1900; Feb. 14, 1903; sec. 10.)
Each person violating such regulations shall be subject to a penalty
of not more than one hundred dollars or imprisonment not to exceed
six months, or both, in the discretion of the court. (Mar. 31, 1900; sec.
2.)
This Act shall be construed as supplementary to section nine of
chapter three hundred and seventy-four of the Statutes of eighteen
hundred and eighty two, and section forty-six hundred and six of the
Revised Statutes. (Sec. 3.)

oarding and search of vessel.


It shall be lawful for any officer of the customs, including inspectors
and occasional inspectors, or of a revenue-cutter, or authorized agent
of the Treasury Department, or other person specially appointed for
the purpose in writing by a collector, naval officer, or surveyor, to go
on board of any vessel, as well without as within his district, and to
inspect, search, and examine the same, and any person, trunk, or
envelope on board, and to this end to hail and stop such vessel if
under way, and to use all necessary force to compel compliance; and
if it shall appear that any breach or violation of the laws of the United
States has been committed, whereby or in consequence of which such
vessel, or the merchandise, or any part thereof, on board of or
imported by such vessel, is liable to forfeiture, to make seizure of the
same, or either or any part thereof, and to arrest, or in case of
escape, or any attempt to escape, to pursue and arrest any person
engaged in such breach or violation. (R. S., 3059.)
The original appointment in writing of any person specially
appointed under the provisions of the previous section shall be filed in
the custom-house where such appointment is made. (R. S., 3060.)
It shall be lawful for all collectors, naval officers, surveyors,
inspectors, and the officers of the revenue-cutters, to go on board of
vessels in any port of the United States, or within four leagues of the
coast thereof, if bound to the United States, whether in or out of their
respective districts, for the purpose of demanding the manifests, and
of examining and searching the vessels; and those officers
respectively shall have free access to the cabin and every part of a
vessel. (R. S., 3067.)
If any master of a vessel coming into or having arrived at any port
within the United States, shall obstruct or hinder or shall intentionally
cause any obstructions or hindrance to any officer in lawfully going on
board such vessel for the purpose of carrying into effect any of the
revenue laws of the United States, he shall for every such offense be
liable to a penalty of not more than five hundred dollars nor less than
fifty dollars. (R. S., 3068.)
If any box, trunk, chest, cask, or other package shall be found in
the cabin, steerage, or forecastle of a vessel, or in any other place
separate from the residue of the cargo, the officer of the customs
shall take a particular account of such package, and of the marks and
numbers thereof, if any, and a description thereof, and, if he judges
proper, shall seal every such package; and such account and
description shall be by him forwarded without delay to the collector of
the district to which such vessel is bound. If upon her arrival at the
port of her entry, the packages so described, or any of them, are
missing, or if any seal put thereon has been broken, the master shall
be liable to a penalty for every package missing, or on which any seal
shall be broken, of two hundred dollars. (R. S., 3069.)
CHAPTER IV
ENTRY OF MERCHANDISE
nward 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.)
orts 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.)
pecial 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.)

argo 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.)

ond 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.)

nspection 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.)

ransfer 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.)

ea-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.)

oal.
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.)

nspection 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.)

ntry 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.)

omparison 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.)

llegal 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.)
pecial 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.)

upervision 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,
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