The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, September 19, 1789, Image 2

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tics and charges thereon, into the treasury ot the United biate», there to remain for the use of the owner, who (hi!!, upon due proof of his property, be entitled to receive tlie fame; ami the or certificate of the colle&or (hall ctonerate the tnafter or commander from all claim of thf owner : Provided, T hat'where entry lhail have been duly made of such good*, the fame (hall not be a p_prailed ; and t-hfit where such goods are of a perilliablc nature, they lhail be fold forth* with. And be itfurther enaded, That if any goods; wares or merchandize, on which duties are payable, lhail receive damage tinring the voy age, or lhail not be accompanied with the original invoice of their cyst, it lhail be law ful for the collector to appoint one merchant, and the owner aud coofignee another, who being sworn or adirmed by the collector; Well add truly to appraise such goods, lhail value them accordingly; and the duties upon such goods lhail be eltimated according to such va luation ; and if any package, or any goods, flowed in bulk, which lhail luve been enter ed as is herein before directed, llnll not be duly delivered, or if any of the packages so entered (lull not agree with the manifell, or if the manifell lhail not agree with the deli very, in every such case the perfotr having command (hall forleit aud pay the sum of two hundred dollars, unlefi* it lhail appear that such difagrcemetit was occaiioned by unavoid able neceliity or accident, and uot with an in* tcutiou to defraud the revenue. And be it Juri her evaded. That the 4 ad vt- Jorem rates of duty upon ail goods, wares and merchandize, at the place of importation; lhail be e (lias a ted by adding twenty per cent, t > the atfual colt thereof, if imported from the Cape of Good Hope, or from any place beyond the lame ; and-ten percent, on the actual coll thereof, if imported from any o* tiier place or country, exclusive of all charges. And be it further evaded, That all foreign coin and currenciesllull beeliimated accord-' jug to the following rates: Each pound ser- , ling of Great-Britain at (our dollars, forty four cents ; each livre tournois of France at eighteen cents aud an half; each Horiu or guilder of the United Netherlands at thirty nine cents; each mark banco of Hamburgh at thirty-three cents and one third ; each rix dollar of Denmark at one hundred cents; each yix dollar of Sweden at one hundred cents; each ruble of iiufiia at one hundred cents; each reai plate of Spain at ten ceuts ; each mi hcc of Portugal at one'dollar and twenty-four cents; each pound (lerling of Ireland at four dollars, ten cents; each tale of China at one dollar, forty-eight cents ; each- pagoda of India at one dollar, ninety four cents ; each rupee of Bengal at fifty-five cents and a half; and all other denominations of mouey in value a* near as may be to the said rates'; and the invoices tis all importa tions (hall be made out in the eurrency of the place or country from whence the importation (hall be made, and not otherwise. And be it further evaded, That all duties on goods, wares and merchandize, imported, flvall be paid by the importer, before a per mit lhail be granted for landing the fame, uti le Is the amount of such duties (half exceed fifty dollars, in which case it (lull be at tire option of the party making entry, to secure the fame by bond, with one or more fufficient sureties, to be approved of by the collector, and made payable as followed), to wit : For the duties upon all articles of Weft-India produce, withiu four mouths ; for the duties upon ail Madeira wines, within twelve months; and for the duties upon all other goods, within fix months; but in any calethe party making entry (hall be at liberty to deposit with the collector any part of the goods, upon* which such duties (hall arise, of double the value in the judgment- of the coliedor, to i'edure the payment of the duties, with the charges, which deposit the collector (hall ac cept in lieu of such bond and security, aud (lull lafely keep the goods so deposited; at the cxpence ami rifque of the party* for the term for which such bond would have been given, at the expiration whe/e *f, unless the laid deposit (hall have been redeemed by the payment of the duties, the said goods (lull be fold at pin • c (ale, and as much as dial! be ueceilary applied 10 the payment of the said duties, aud the rehdue, as er deducing, l ic charges which have accrued, (hall be paid the ovvget or oh nets of fuJi & jod*« •vidrd always* That where the amount of du ties dull exceed fifty dollars, a discount fliali be allowed ior pi *.npt payment, after the rate of ten per- centum ptr annum on the amount of luch excels: And proviaed aijo, 1 hat no pei son whose bond for the payment of duties is due and unfatisfied, ihail be allowed a fu ture credit with the edieitor, until fucii bond fliali be fuily paid hi* difeharged. And hi it Junker enacted. That all the'du ties imposed by law on the tonnage of a vtf ill ip or veiTel, (hail be paid to the collector, within ten days after entry made; and before such ship or vefiel ihail be permitted to clear out; the regifler of which lhip or velVcl at the tirne us entry ihail he lodged in the office' of the collector, aud there remain until such clearance. And be it further That where any bond for the payment of duties ihail not be farisfied on the day it became due, the col lector ihail profecote for the recovery of the money due thereon, by action or luit at law, in the proper cou t, having cogn.zauce there in i and in all csf£s iff iniolvency, or wheie any estate in the hands of the executors or ad miniltrators (half be infufficient to pay all the debts due from the Ueceafed, the debt due to the United btates on any fucii bond Ihail be (lift f.itisfied. And be it furfhtP"enabled, That when it fliali appear that any goods, wares 1 or mer chandize, of which entry ihail have been made, in the office of a collector, are not invoiced, according to the actual cuft thereof - at the place of exportation, and that the dif ference was made with design to defraud the revenue, ail such goods, wares or merchan dize, or the value tnereof, to be recovered of the person making entry, ihail be forfeit ed, and in any such case, or where the col lector is suspicions of fraud, aud th'at any luch goods, wares or merchandize, are not invoiced at a lu n equal to that for which they have ulually fold, in the place or couutry from whence they were imported, it fliali be the duty of such collector to take the said goods, wares and merchandize into hhs pof fetfion, and retain the fame at the rifque and - expence of the owner or configuee thereof, until their value, at the time and place of im portation, according to the principles for elti matiug the fame, eftabliihed by this aft, ihail be afeertained by two reputable merchants, mutually* thoien by the said colie&or, and owner or coniignee, and the duties ariiing upon such valuation ihail be firft paid, or fe . cured to be paid, as required by this att in other cases of importation. And be'-it further enaiiid-, That it (hall be lawful for the collector, or other officer of the cuttoms, after entry made of any goods, wares or merchandize, on suspicion of fraud, to open and examine, in the prelence of two .or more reputable merchants, any package or package - thereof); ami if, upon such examina tion, they flnll be found to agree with the en tries, the officer making such leisure, fliali caufethe fame toffie repacked, and delivered to the owner or claimant forthwith, aud the expence of ; such examination fliali be paid by the collector, and allowed in the settlement of his accounts; but if any of the packages so examined be found to differ in their con tents from the entry, aud it ihail appear that such difference hath been made with inten tion to defraud the revenue) then all the goods, . wa.es or merchandize, contained in such * package or packages ihail be forfeited : Pro vided ahwayt, That if the* owner or coa fignee of such goods as fliali not be accompa nied with the original invoice, tliould choose to wait the receipt of the invoice, in such * case, the collector ihail take into his potfeffiou all luch goods, wares and- merchandize, and store the fame, at the expence and rifque of the owner or coniignee, until the invoice ihail 1 arrive, or un if they agree to have the fame valued. And be it further enet&ed, That every col lector, naval.officer and lurveyor, or any other person specially appointed by either of them for that purpole, flulf have full power and authority, to cuter any fliip or vessel, in which they ihail have reafou to fufpedt an v goods, wares or'merchandize, subject to du ty, ihail be concealed; and therein to search fur, ieize, aud lefure any such goods, wares or merchandise ( and if they ihail havecaufe to luipert a concealment thereof, in any par ticular dwclling-hoyfe, store, building, or other jthuv, they or either es them, Hull, I upon application on oath or affirmation to any justice of the peace, be entitled to a wairant, to enter such houle, flore, or other place, (in the day time only) and there to search foe futh goods, and if any (lull be fjuud, to fe.ze and secure the lame for trial ; aud all such goods, wares and merchandize, on which the duties iliail not have been paid or lCcured,-* Avail be forfeited. And be it further enabled, That all goods, : ’ wares and merchandize, which Avail befeiz ed by virtue of this act, lhall be put into, and remain in the custody of the collector, until such proceedings iliail be had, as by this art are required, to afeertain whether the fame have besh forfeited or not, and if it lhall be adjudged that they are not forfeited, they lhall be forthwith restored to the owner or owners, claimant or claimants thereof. Aud if any person or persons lhall conceal or buy any goods, wares or merchandize, 7 knowing them to be liable to seizure by this act, such per son or persons Ihail'j on conviction thereof, forfeit and pay a fuiii double the value of the goods so concealed of’purchased? And be it further enabled, That it lhall be the' duty of the fereral officers to be appoint ed of employed by virtub of this art, to make seizure of, and secure any fliip or vef lei, godds, wares or merchandize, which lhall be liable to seizure by virtue of this art, as well without, as within their refpertive di firirts. And be it further enabled, That if auy of-* . ficer or other person, executing, or aiding and affifiing in the feizure'of goods, Avail be filed or mo letted for any thing done in virtue of the powers given by this art, or by virtue of a warrant granted by any judge or justice purfvrant to law, such officer or other person may plead the general ifiue, and give this art in evidence , aud if in such suit the plain tiff be non-suited, or judgment pass against him, the defendant lhall recover double cost y and in all action?, suits or insinuations to be brought, where any seizure lhall be made puriuant to-this art, if the property be claim ed by any person, in every such case the onus probandi lhall be upon such claimant; and if any person lhall forcibly resist, prevent, or impede any officer of the customs, or their deputies, or any ‘perfon assisting them in the ' execution of their duty, fdch persons so of fending Aval! far every offence be fined in a sum not exceeding four hundred dollars. And be it further enabled, That every col lertor, naval-officer and lurveyor, lhall, with in three months after he enters upon the ex ecution of his office,* give bond with one or mote fufficicnt sureties, to be approved of by the comptroller of the treasury of the Unit ed States, and payable to the said United States, conditioned' for the true and faithful difeharge of the duties of his office accord ing to law; that is to fay, the collertor of Philadelphia in the sum of lixty thousand dol lars ; the collertor of New-York fifty thou sand dollars ; the collertor of Boffon forty thousand dollars ; the collertors of Baltimore town and Chatlefton, thirty thousand dollars; the collertor of Norfolk and Portsmouth, fifteen thousand dollars; the collertors of Potifmouth in New-Hampffiife, of Salem and Beverly, Wilmington, Annapolis, George town, in Maryland, Bermuda Hundred and' City Point, and Alexandria, ten thousand dollars each ; the collertors of Newbury- Port, Gloticefter, Marblehead, Plymouth, Nantucket, Portland and Falmouth, New- London, New-HaVen, Fairfield, Pcrth-Am hoy, Chefier, Oxford, York-town, Dumfries, George-town in South-Carolina, Beaufort and Savannah, each five thousand dollars, and all the other collertors, in the sum of two thou sand dollars each The naval-officers for the the ports of Boftdh, New-York, Philadel phia; Baltimore town and Charleston, ten thousand dollars each, and ail other naval of ficers in the sum of Iwo thousand dollars each. The Purveyors of the ports of Boffon, New- York, Philadelphia, Baltimore town and Charleston, five thousand dollafs each,'’and all other surveyors one thousand dollars each, * which bonds rivall be filed in the office of the said comptroller, and be by him feverallf put in suit for the benefit of the’ United States, upon any breath of tlie condiiion thereof. And be it further' enabled, That there (hall be allowed and paid to the collertors, naval offictr# ami surveyors, to be appointed pur» fuant to this art, the fees and per rentage fol lowing i t. »t*is*to (jtua *n-« leflor, for * I 9 r *