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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 *