Gazette of the United-States. (New-York [N.Y.]) 1789-1793, August 15, 1789, Page 144, Image 4

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    COLLECTION LA*V— concluded, from ourlaji.
■Andbe itjurthcr enacted, That where any bond for the payment
of duties Hull not be 'faiisfitd on the day it became due, the col
lector shall profecutc for the recovery of the money due thereon,
by action or suit at law, in the proper court, having cognizance
therein; and in all cases of insolvency, or where any eflate in the
bands ot executors or administrators, shall be inefficient to pay
all the debts due from the deceased, the debt due to the United
States on any such bond shall be firft fatisfied.
And be it further enabled, That when it ihall appear that any
goods, waies or merchandize of which entry fh'ull have been
made,-in the office of a collector, are not invoiced, according to
the actual cost thereof at the place of exportation, and that the
difference was made with design to defraud the revenue, all such
goods, wares and merchandize, or the value thereof to be recov
ered of the person making entry, Ihall be forfeited ; and in any
such cafe, or where the collector is suspicious of fraud, and that
any such goods, wares or merchandize, are not invoiced at a sum,
equal to that tor which they have usually fold, in the place or
country fiord whence they were imported, it Ihall be the duty of
such collector to take the laid goods, waxes and merchandize into
his pofl*eflion, v and retain the lame at the risque and expence of
the owner or consignee thereof, until their value, at thetime and
place of importation, according to the principles for estimating
.the lame, established by this ast, shall be ascertained by two repu
table merchants, mutually chol'en by the said collector, and owner
<*r aflignee, and the duties arising upon such valuation shall be firft
paid, or secured to be paid, as required by this ast in other cases
of importation.
And be itjurthcr enaflcd, That it shall be lawful for the collector,
or other officer of the cultoms, after entry made of any goods,
wares or merchandize, on suspicion of frand, to open and exa
mine, in the prefcnce of two or more reputable merchants, any
package or packages thereof, and if upon such examination they
ihall be found to agree with the entries, the officer making inch
feizlire, shall cause the fame to be repacked, and delivered to the
ownei or claimant forthwith, and the expence of such examina
tion shall 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 content* from the entry, and it shall ap
pear that such difference hath been made with intention to de-
the revenue, then all the goods, waresor merchandize, con
tained in such package or packages, shall be forfeited : Provided
always, That if the owner or consignee of such goods as shall
not be accompanied with the original invoice, Ihall choose to wait
the receipt of the invoice, in such cafe, the collector shall take in
to his pofTefiion, all such goods, waies and merchandize, and
tore the fame, at the expenee and risque of the owner or con
signee, until the invoice shall arrive, or until they agree to have
the fame valued.
And be it further enabled, That every collector, naval-officer and
lurveyor, or other person specially appointed by either of them
for that purpose, shall have full powefand authority, to enter any
hip or vefTel, in which they shall have reason to fufpeft any
goods, wares or mercnandife fubjeftto a duty shall be concealed ;
and therein to fcarch for, seize, and secure any such goods, wares
or merchandize ; and if they Ihall have cause to fufpeft a con
cealment thereof, in any particular dwelling house, store, build
ing, or other place, they or either of them, shall, upon applica
tion on oath or affirmation to any jaftice of the peace, be entitled
to a warrant,, to enter such house, store, or other place (in the
day time only) and there to search for such goods, and if any
nail be found, to seize and secure the fame for trial ; and all
iuch goods, wares and merchandize, on which the duties shall not
iiave been paid or secured, shall be forfeited.
And be Ufurther znaßcd, That all good, wares and merchandize,
■which fhdll be leized by virtue of this ast, shall be put into and
remain in the custody of the collector, until such proceedings shall
be had, as by this ast are required, to ascertain whether the fame
ve been forfeited or not, and if it shall be adjudged that they
are not forfeited, they shall be forthwith restored to the owner or
owners, claimant or claimants thereof. And if any person or
perions shall conceal or buy any goods, wares or merchandize,
knowing them to be liable to a seizure by this ast, such person
or persons shall on conviction thereof, forfeit and pay a sum
double the value of the goods so concealed or purchased.
J* U j urth <r en a fled. That it shall bethe duty of the several
officers to be appointed or employed by virtue of this aft,to make
ieizureof'and secure any ship or veflel, goods, waresor merchan
ize, which shall be liable to seizure by virtue of this ast, as well
■without, as within their refpeftive difti ifts.
And. be it further ena3ed, That if any officer or other person
executing, or aiding and assisting in the seizure of goods, (hall be
iued or molested (or any thing done invirtue of the powers given
by this ast, or by virtue of a warrant granted bv any nidge or
Jufticc pursuant to law, iuch officer or other person may plead the
general lfTue, and give this ast in evidence ; and if in such suit the
plamtitt be non-suited, or judgment pass against him, the defend
ant Ihall recover double coil : and in all actions, suits or informa
tions to be brought, where any seizure shall be made pursuant to
tnis a£t, it the property be claimed by any person, in every such
cafe the onus proband! shall be upon such claimant ; and if any
person Ihall forcibly refill prevent, or impede any officer of the
cultoms, or their deputies.>)r any person assisting them in the ex
ecution of their duty, such persons so offending shall for every
offence be fined , n a sum not exceeding four hundred dollar?
And b c it further enaSed, That every collector, naval-officer and
iurveyor shall within three months after he enters upon the exe
cution ot his office, give bond with one or more fufficient sureties,
to be approved of by the comptroller of the treasury of the Uni
ted States, and payable to the said United States, conditioned
for the true and faithful dilcharge of the duties of his office ac
cording to law ; that is to fay, the collector of Philadelphia in
the lumoffixty thousand dollars, the collector of New-York, fifty
thoufana dollars,the collector of Boflon forty thousand dollars, the
collector ofßaltiwore-town and Charlefton,thirty thousand dollars,
he collector of Norfolk and Portsmouth, fifteen thousand dollars
the co lertotsof Portsmouth in New-Hampshire, of Salem and
verly, Wilmington, Annapoli,, George-town in Maryland, Berrmi
ta-Hundred and City-point, and Alexandria, ten thousand dollars
each the coiieftorsof Newbury-Port, G louceller,Marblehead, Ply
mouth, Nantucket, Portland and Falmouth, New-London, New.
Haven Fairfield, Perth-Amboy,Che(ler ; Oxford,York-tuwn,Dtim
tnes, George-town in Sou.h Coro'ana, Beaufort,and Savanna,each
hvethouland dollars and all the other the sum of two
ouland dollars each. The naval officers for the ports of Boflon,
New-York, Philadelphia, Baltimore-town and Qharlcfton ten
thouland dollars each, and all other naval officers in the sum of
two thousand dollars each. The surveyors of the ports of Boflon,
jj' ,1 t ph ' a, > BakllllorM own, and Charleston five
_ l uf°u u rS j ac i' and a " othcr surveyors one thoufaad dollars
each, which bonds ffiall be fi'.edin the officeof the said comptrol
ler, and be by him severally put in suit for the benefit of the Uni
ted States, upon any breach of the condition thereof
1 'J'' ,ther ena(ltd > Th « there shall be allowed and paid
the collectors, naval-officers and surveyors, to be appointed
p fuant to this act. the fees and per centage following, that is to
fay; to each collector, for every entrance of any (hip or vefTel
of one hundred tons burthen or upwards, two dollars and an
half, for every tlearance of any ffiip or veflel, of one hundred
tons burt.ien and upwards, two dollars and an half ; for every en
tranceofany ship or veflel under the burthen of one hundred ton?,
one dollar and an half ; for every clearance of any ship or veflel
under one hundred tons burthen, one dollar and an half r for e-
Very permit to land goods, twenty cents; for every bond' taken
officially, forty cents; and for every permit to load goods for
,"xport»ticn, which are entitled to a drawback, thirty cents ; for
certificate, twenty cents ; for every bill of health
twenty cents ; for every other official document, ex
cepted) required by the owner or mailer of every veflel, not be
fore enumerated, twenty cents ; and where a naval-ollicer is up
pointed to the fame port, the laid tees lhall be equally divided
between the collector and the said naval-officer, apportioning to
each his moiety of the necefTary expenccs of flationary and the
rent 6f an office to be provided by the collector, in the place of
his residence. mofl convenient for the trade of the dillrift, in
which the laid collector and naval-officer, lhall each have at lea ft
one fcparate room ; and the laid fees shall be received b) the col
lector, who shall fettle the accounts monthly, and pay to the naval
officer the balance which may be due to him on such monthly set
tlement. To each surveyor there lhall be allowed, for all the
lervices required by law, to be performed by such surveyor, on
board any ship or vessel of one hundred tons and upwards, and
having on board goods, wares and merchandize, fubjeft to duty,
three dollars, for the like services on board any ship or vessel of
less than one hundred tons burthen, having on board goods, wares
and merchandize fubjeft to duty, one and an half dollars, on all
veflels not having onboard goods, wares and merchandize fubjeft
to duty, twolhirdsof a dollar; all which fees shall be paid to the
collector, by the mafler or owner of the ship or vessel, in which
the services are performed, and the said collector shall pay week
ly to the surveyor the tees To received; to each infpeftor there
shall be allowed for every day he (hall be actually employed in
a dos thecufloms, a sum not exceeding one dollar and twenty
five cents, to be v paid by the collector out of the revenue, and
charged to the public ; to the mealurers, weighers and gaugers
relprftively Jor their services, shall be allowed, and paid by the
collector out of the revenue, for the measurement of every one
hundred bnlhels of fait or grain, eighteen cents; for the mea
surement of e very one hundred bushels of coal, twenty-five coots ;
for the weighing of every one hundred and twelve pounds, one
cent ; for the gauging of every cafltfix cents. There shall more
over be allowed to the collectors at each of the following ports,
to wit : Bo lion, Salem and Beverly, New-York, Philadelphia,
Baltimore, Norfolk and Poi tfmouth, and Charleflon, one half a
per centum on the amount of all monies, by them refpeftively
received and paid into the treasury of the United States ; and<
k ' hC colk&or of each of the other ports by this ast efta
blilhed, one per centurion the amount of all monies by them re
fpeftively received and paid into the treasury of the United States.
Every collector, naval-officer and surveyor, shall cause to be af
fixed, and constantly kept in some public and conspicuous place
of his office, a fair table of the rates of fees, and duties demand
able by law, and in cafe of failure therein, shall fofeit and pay
one hundred dollars, to be recovered with colls, in any court
having cognizance thereof, to the use of the informer ; and if anv
officer of the customs shall demand,or receive any greater or other
fee, compensation or reward, for executing any duty or service
required of him bylaw, he shall forfeit and pay two hundred
dollars tor each offence, recoverable in manner aforefaid, for the
use of theparty aggrieved. further cnafttd, That the duties and fees to be coU
levied by virtue of this ast, shall be received in gold and lilver
coin only, at the following ratfs, that is to fay, the gold coins
of France, England, Spain, and Portugal,and all othergoid coin of
equal finenefs, at eighty-nine cents for every penny-weight. The
Mexican dollar at one hundred cents; the crown of France at one
dollar and eleven cents ; the crown of England at one dollar and
eleven cents ; and all fiiver coins of equal finenefs at one dollar
and eleven cents per ounce.
And be it Junker enafled, That all the draw backs allowed by
la w on the exportation ot goods, wares and merchandize import
ed, lhall be paid or allowed by the collector at whose office the
(aid goods, wares and merchandize were originally entered, and
not otherwise, retaining one per centum for the benefit of the
United States.
Provided alw ay s, and be it further enafled. That no goods,
wares or merchandize entitled to drawback, {ball be reladen be
fore an entry (hall be made with the collector of the port from
whence such goods are intended to be exported ; which entry
lhall contain a particular account of the calks and packages, the
marks, numbers and contents, the cost thereof, the Vessel or vef
lels 111 which they were imported, and the place or places impor
ed from ; and the person or persons intending to export such
good?, (hall give bond, with one or more fufficient sureties, that
the fame or any part thereof, (hall not be relanded in any port or
p-i e within the limits of the United States, as fettled by the late
treaty of peace ; and shall moreover make oath or affimation as
tothetiuthof the entry, that the goods, wares and merchandize,
are in quantity, quality and value, astherein exprelfcd, according
to the inward entry thereof, which entry was duly made at the
time of importation pursuant to the dircftions of this ast ; and
that the quality is the fame as at the time of importation; and
'he exporter of such goods (hall not be entitled to draw back the
duties, until at lead fix months after the exportation thereof, and
until he lhall produce tothe collector with whom such outward
entry is made, a ceitificate in writing of tworeputable merchants
at the loreignport or place in which the fame were landed,
t.iejwith the oath or affirmation of the mailer and mate of the
v el ln Which they were exported,certifyingthedeliverv thereof ■
but 111 cafc any vessel shall be cast away, or meet with such una
\oi able accidents as to prevent the landing such goods, a protest
in due form of law, made by the master and mate, or some ol
the leainen, or in cafe no such protest can be had, thenthe oath or
affirmation of the exporter (hall be received in lieu of the other
proo s herein directed, unless there lhall be good reason to fuf
pctt the truth of such oath or affirmation, in which cafe it lhall
and may be lawful for the collector to require such further proof
asthenature ot the cafe may demand. Providiu also, That
no goods, wares or merchandize imported, (hall be entitled to a
drawback ol the duties paid, or secured to be paid thereon, un
,l Jl amount to twenty dollars at the lead ; nor
unless they (hall be exported in the fame cask, package or pack
ages, and from the port or diftnft into which they were originally
imported, and moreover (hall be reladen under the infpeftion of
the collector, naval-officer, or furvevor of the port.
And De it further enafled, That the sums allowed to be paid by
law on the exportation of dried or pickled fi(h, and of fail
ed provisions, lhall be paid by the collector of the port or diftnft
rom whencethe fame shall be exported : Provided, That due
ZZ Z < * T, adc ' bonds S' ven > as ° f draw
backs, and that no such allbwance shall be made, unlefc it (hall
amount to three dollars at the leaf; upon any one entry
That if any goods, wares or merchan
dize, tntered lor exportation, with a view todraw back the duties
of (ball be"r n H d'° WanCeg ' Venb >' law t!,e exportation there
t, shall be landed in any port or place within the limits of the
(hall'be fubieft , r'"" 1 ' a 'i f " rh S oods ' wares and merchandize
f-nn h' Ur■ i " re forfeiture, together with the vessel
from which luch goods (hall be landed, and the velTels or boat,
used in landing the fame, and all persons concerned therein lhall
term -Pr.fonment' for a
term not exceeding fix months: and for difcoverv of frauds
nd seizure of goods wares and merchandize, relanded contrary
fame,,' J r rs elhbll(h,; d by this ast lhall have the
or offcnnj any bribe, recompence or reward, for anv ( • ,
uon, colluiion or fraud, shall forfeit and pav a f„™ ° ectP
two hundred, nor more thantwo thousand dollarsforeTch
And ,n all cases where an oath or affirmation is by th"s a A " Cc:
cd from a matter or other person, hav.nir commJ t >"
veflel, or from an owner or consignee of goods "ware? a , P or
chaudire, if the person so swearing or affirm,(hjlw mcr "
affirm fallely, such person shall, on indi&mrnt «,,) or
thereof, bepumffieJ by fine or imprifonmnn.'or bothCfr
cretion of the court before whom the conviction si C
as the fine shall not excced one thousand dollars, and the r '
impnfonment shall not exceed twelve months ™ of
And be it further enaffed, That all penalties accruing bvanv I, ,
of this ast, shall be sued tor and recovered with co'Unff
the name of the United Slates, in any court proper to try .[ f m
by the collector of the diftrift where the fame
otherwise unless m cafe of penalty relating to an office" of "h "?
Toms; and such colleflor shall be, and hereby amV. ■' Jecuf
directed to sue for and profecuic the fame to et*ft, r
bute and pay the sum recovered, after firft dedufling all ntrrff
costs and charges, according to law. Andall fhipsor v-llds ' i
wares and merchandize, which shall become forfeited hvf
of this ast, shall be 'e,zed, libelled and profecutcd a'
the proper court having cognizance thereof ; and the court (i ii
cause fourteen days to be given of such fe.zure and libeH
causing the fubflancc of such libel, with the order of th- rn
thereon, setting forth the time and place appointed for trial to 7
lnferted in some public newfpaoer, nearell the place of IV
and also by up the fame in the molt public manner fonk'
space of fourteen days, at or near the place of trial- and ,1
mation shall be made in such manner as the court shall direfl.
if no person shall appear to claim such fhtp or vessel E oods L
or merchandize, the'fame /hall be adjudged to be T
■ f any person shall appear before fcch judgment of forfeiture"™)
fha'lT an> K J P ,°; vcffc1 ' g° od5 ' w « ts or
hall give bond to defray the prosecution thereof, and to respond
? k" C \, not fu PP ort l » s claim, the court shall p IO .
ceed to hear and determine the cause according to law ; And.L
the prayer of any claimant to the court, that any (hip or veil"
goods wares or merchandize so fcized and profceuted, or anv
part thereof ffiould be delivcied to such claimant, it shall be law
tuiior the court to appoint three proper persons to appraifefudt
hip or vessel, goods, wares or merchandise, who shall befwom
>n open court for the faithful discharge of their duty and iuch
ppraifemcnt shall be made at the expence of the party on whose
piayer it is granted ; and on the return of such appraiiement if the
claimant shall, with one or more sureties, to be approved of bvthr
court, execute a bond in the usual form, to the United States for
the payment of a sum equal to the sum at which the ship orvelTc'
goods, wares, or merchandize so prayed to be delivered, bean!
prailed, the court shall by rule order such ship or vessel, gooa:
to bedcllvcred to the fa id claimant,and th;
aid bond shall be lodged with the proper officer of the court •
and it judgment shall pass in tavor of the claimant, the court shall
cause the fa id bond to be cancelled ; but if judgment shall pass an i nil
tne claimant,as to the whole or any part of such ship or veffel,roods
Vares or merchandize, and the claimant shall not within twenty
?r 8 L n Ca^lCr P a y mto thc court l * lc amount of theappraifed value
Ot such ship or vessel, goods, wares or merchandize so condemn
ed, with the ccfts, the bond shall be put in suit: And when any
prosecution shall be commenced on account of the seizure of any
»p or vessel, goods, wares or merchandize,, and judgment shall be
given for the claimant or claimants ; if it shall appear to the court
before whom such prosecution shall be tried, that there was a rea
lonable cause of seizure, the fame court shall cause a proper certi
cate or entry to be made thereof, and in such cafe the claimant
hall not be entitled to cofls, nor shall the person who madethe
lcizure, or the prosecutor be liable to action, judgment or suit, on
account of such seizure or prosecution. Provided, That the ship
or vessel, goods, wares or merchandize be after judgment forth
with returned to such claimants, his or their agents : And Provi
ded, 1 hat no action or prosecution shall be maintained in any
cafe under this ast, unless the fame shall have been commenced
within three years next after the penalty or forfeiture was in
■And be it further ev.atted, That all ships, vessels, goods, wares or
merchandize, wh i c h shall be condemned by virtue of this ast, shall
e fold by the proper officer of the court in which such condem
nation shall be had, to the highest bidder at public auftion,by
order of such court, and at such place as the court may appoint,
giving at least fifteen days notice (except in cafe of perishable goods)
fh tTlf ° r more P u blt c newspapers of the place where such sale
a be, or if no paper ispublifhed in such place, in one or more
in the nearest place thereto.
be it further enafled, That all penalties, fines and forfeitures,
recovered by virtue of this ast (and not otherwise appropriated)
r» Cr deductin g proper costs and charges, be difpofedof
as follows : One moiety shall be for the ufeof the United States,
and paid into the treasury thereof ; the other moiety shall be divid-
C J"/ 0 l^ree e S ua l parts, and paid to the collector, naval-officer
an surveyor of the diftrift wherein the fame fliall have been in
quired, and in such diftrifts where only two of the aforefaidof
cers shall have been established the said moiety shall be equally
c lvidcd between them ; and in such diftrifts where only oneof
t ie aforefaid officers shall have been established, the said moiety
allbe given to such officer : Provided nevertheless, That
in all cases where such penalties, fines, and forfeitures, shall bi
recovered in pui fuanee of information given to such collector, by
any peifon, other than the said naval-oHicer, and surveyor, the one
a f of such moiety shall be given to the informer, and theremain
er thereof shall be disposed of between the collector, naval
-3 flccr an d surveyor, in manner and form as above limited and
And whereas, The States of Rhode-Island and Providence
antations, and North-Carolina, have not as yet ratified the pre-
J nt con stitution of the United States, by reason whereof this ast
oth not extend to thecolleftingof duties within either of the said
two States, and it is thereby become neceflary, that the followiug
provision with refpeft to goods, wares or merchandize imported
rom either of the said two States fnouldfor the present take place;
Be it therefore further enafled, That all good?, wares and mer
c andize not of their own growth or manufacture, which fliall be
from either of the said two States of Rhode-Island and
rovidence-Plantations,or North-Carolina, into any other nortor
p ace, within the limits of the Uniied States, as fettled by tne late
treaty of peace, shall be fubjeft to the like duties, leizures and for
eitures, as goods, wares or merchandize, imported from any State
or country without the said limits.
nd be it further enafled, That no goods, wares or merchandize
® ® r^, S n growth or manufacture, fubjeft to the payment of duties,
K r brought into the United States, in any other manner than
y sea, nor in any ship or vessel less than thirty tons burthen, ex
ctpt within the diftrift of Louisville, and except also in such vessels
«'S aie now actually on their voyages ; nor shall be landed, or un
aden, at any other place than is by this ast directed, under the
penalty of seizure and forfeiture, of all such vessels, goods, wares
or merchandize, brought in, landed or unladed in any other
manner. And all goods, wares and merchandize brought into t c
United States by land, contrary to this ast, shall be forfeited, to
gether with the carriages, horses, and oxen, that shall be employed
in conveying the fame.
Speaker of the House of Reprefevtatives.
JOHN ADAMS, Vice-President of the United States,
and President oj the Senate.
Approved, July 31, 178q.
GEORGE WASHING 1 ON, President of the United States.
Publi/hedby JOHN FENNO, No. 9, Maiden-;
Lane, near the OJwcgo-Marhct y New-York. —[3 dpl.p r .^ n -j