PUBLISHED WEDNESDAYS AND SATUkbAYS BV frV.,/, L
_ " F£ *W?, *«>■ 4 J > BROAD-SThEET, NEAR TIIE EXi.ii/INGE, NEW-YORK,
£No. 48, tf Vol. ll.]
COLLECTION LAW. Continued.
AJh u - That ,f any S° ods ' or rtierl
'°" 1 n U "" V ?W ]e ' < I, " U d; '™g'
4Unhg the voyage, or (hall not be accompanied with the oru-1.
Ml invoice of their cost, it (hall be lawful for the colleflor (and
upon the requrft of the party he is required) to appoint l onc
merchant, and t)jf owner or configure la appoint another, who
te.ngfwom or affirmed by the collector, well and truly „ ,p.
praise such goods, [hall aopr.ife or value them J.cordinelv mi
the dunes upon such -ooris ft all be eß,mated agree, fact
c£7,£rh ° r 7'" a t" ; And in rcf P ta 10 fudl da.-naged arti
rneafurp h W r a P5 C '^ C ut y> *»y number, weight or
£ lhc jv d VP™ I '"* certify what fheir judgment
XT? " fe 'hey*.ad no, beenfc dama.
fl« diff ~ . rC "" abatc,T,t - nt j n duty in proportion to
!•« !r In value. Provided, That ,f the Owner or owners
co, (ignce or confignces of such goods not accompanied with on'
cafe the r m i° IC VI ? all^ h " fc to wait the receipt thereof, in such
fK nt r lltakeimohi » Cuftodv th<: said goods,
?f,° rCaUr V hC famc t0 bc kt P [ wi ' th a " d
e care, at the expense and nfk of the party or parties, until the
a d invoice ffiall arrive, or until the fail) party or panics (hall
consent to the valuation thereof. 1
And be it further watted, That if any (hip or vefTcl from any fo
reign port or place, compelled by distress of weather or other
iiecemty, (hall put into sny port or place of the United States,
not being deftmed for the fame ; »nd if the matter or person hav
ng charge or coi/irtiand of such (Hip or veffet, together with the
ma cor peifon next in command, (hall within tWenry-four hours
■ a notarv nuhl ' make P ro « " •'><• usual form upon oath before
LT» rP ( i"! "'her person duly authorized, or before the
eolleQor of the diltrrft where the slid (hip or vefTcl still r<> ar
r" , y<mpowered '° ad H'»'fter the fame, ( tun
forth the cause and cireumftanccs of such difltefs or fleceffity, and
shall within for,y-e.ght hours after such arrival, ma ke report to
mher e (■? ?"> y f VrflU 8 " d h" cargo as in
b And >f'»ftrall be made Appear so the said coHrijL>. %
ly the certificate of the wardens of the port, or other
Bfually Charged With, and .ccullomed to a(fcert s ioingthecona,;iX
of (hips and velTcls arriving in distress, if any fuel, there be, or by
Ihc Certificate of atry two reputable merchants, to be nam fir
th:t purpu.'r by the said collector, if no fitch wardens or other
officers there be, I.hat there 14 a necessity for unlading the fjid (hip
or vefTcl, the said coHftior (hall grant a permit for that purpjfe,
and (ball appoint an infpeflor or infpeftors to overfce such unla
•iing. And aH goods so unladen (hall be stored under the di
rection of the said colltf&or ; who upon request of tjic matter or
other person having charge or command of such (hip or velTcl, or
of ihc owner thereof, (hall grant a licence to dispose of such part
of the he of ,1 periffiabie nature 'if any there be)
* n '' UZtu * > y u> ciefrrv* iTit rXpeiifes attending such 111tp
or velfcl, and her cargo : PrmideJ, That the duties thereupon be
Brit paid And the said goods, or the remainder thereof, may
• Iterwards bt reladert oh board the said (hip or vefTel, and the fatd
Imp or veflel may proceed with the fame to the place of her des
tination, free from any other charge than for the storing and fafe
keeping of the said goods.
And be it further evaded, That the ad valorem rates of duty up
«n goods ware, and merchmd ze at ihe place of importation,
inall be effimaled by adding twenty per cent, to the aflual coll
i r ,' 11 ""ported from the Cape of Good Hope, or Irom any
place beyond tht(fame ; ind ten per cent, on the aitual cod there
of it imported ftom any other place or country, exclusive of
charges. *
« ./ , ejt f urt her cnifled t That all foreign coins and currencies
a )cc '''^ la ted according to the following rates : Each pound
cr I ng oP Great-Britain, at four dollars and forty-four ccnts;
cac livre toumoisof Franct, at eighteen ceiirs and an half; c'ach
Wof.norgu.lder of the Umted Netherlands, at thirty-nine cents;
eac i mark banco of Hamburg, at thirty-three ccnts and one third;
r > C ' r 'lf c at on " hundred cents : each rial.of
of Spain, at ten cen(s ; each milree of Portugal, at one dol
lar and twenty-four ccnts ; each pound fterlingof Ireland, at four
dollars ten cents; each tale of China, at one dollar forty-eight
«ents ; each of India, at one ninety-four cents ;
each ruj>ce of Bent*a! f at fTfty-five cents and an half ; and all other
denomiriatibTiS' of rtoricy in value as near as may be to the said
fates.
And be itfutthfr cnAfliifi That all duties on floods, wares and
merchandize imported, lhall be paid or secured to be paid, be
fore a permit lhall be granted for landing the fame. And where
the amount thereof on goods imported in any snip or veflel t on
acCorinf of one person onlv*,' < of fevcraf perfonsj intly interest
ed, Ihah not exceed fifty dollars; the fame shall be immediately
paid; but whee the said amount lhall exceed fifty dollars, the
Time may, at of the proprietor or proprietors, con-
o» configneVs, be either immediately paid or fecurcd by
bond, with condition (o, the payment thereof if accruing upon
articles of the produce of the WelUlndies, in foul - monlns ; if
accruing on Madeira wines, in twelve months; if accruing upon
any other good's, wares or merchandize, other than teas imported
from China in fix months ; which bond at the like option of the
laid proprie'toror proprietors, consignee or configfhecs, dial] either
include one or more furetics, to the fsjtijfattion of the collector
of the diftn& where the said duties ftiall accrue, or lhall be ac
«bmpnnicd with n dr*pofir, in the custody of the said colic ft ->r, of
so much of the Did goods, as fhalf in his judgment be a fu fncient
fccurity for the amount of the duties for which such bond fhSIl
have been given, and the charge of the fafe keeping and falc of
the goods so deposited ; which deposit (hall and may be accepted
in lieu of the said furcty or furetics, and lhall be kept by the laid
collc&or, with due and reasonable care, at the etfpefifc and risk
of the party or parties oh whose account the f_ <e shall have been
made, until the sum in fuchbond shall have become due,
at which time if such sum lhall not be paid, so much of the said
deposited godds as may be neceffaryj lhall be fold at public sale,
and the proeerds thereof, after dcdu&in£the chjrges of keeping
and fair, shall be applied to the payment of such sum, rendering
the overplus and the rcfidue of the said gooels, if any there be, to
the person or persons by whom such deposit shall h.ive been made,
or to his, her or their rcprcf-ntativcs. Provided, That no perlon
■whose bond for the payment of duties is due and unfat: f .fied, shall
be allowed a future credit for duties, until such bond ihJl be
lully paid or discharged.
Provided aluays t andbe it'further enafled, That all teas imported
from China, may, at the option of the proprietor or consignee
thereof, be depofhed in the custody of the colle&or with whom
the fame lhall be entered, or the duties the eon secured by bond,
with ore or more furetie?, ?g the f«:isfa£lion ot tUe cslleftor, with
SATURDAY, SEPTEMBER 2J , , 79 0.
c indition for the payment of such duties within twelve months ;
rof tepoGting such. teas, they (h,ll be kept at the charge
(k depoiiti ng the fame. And the coltcftor
a e tver such teas, or jirt thereaf, from time to tipie, to the
perlon or perlons dcpofiting the Tame, or to hts ortheir order, on
payment of the duties for such part a, may be so dflivered, and not
otherwise ; and tn cafe the whole of the duties (hall not be paid
wuhtn eighteen month, frOm the time of the entry made, it (hall
f 1 C f "j y ° 1 co 'l«ftor to fell at public ati&ion so much
of the said teas as (hall ie lufficictit tn pay the duties than due, to
geyicr with the chargcs of falc and f a < • krepin*, and to return the
overplus to the person orperfons who (hall have depofued such
teas, or hi-, her or tVir representatives; ai 1 for such teas as have
een imported from China in the prefedt year, the owner or con
ligtiee thereof (hall be entitled todepofu the fame, or to give bond,
payable in like manner; and under like regulations, Si are here
in beforedirefled for te.s which (hall hereafter be .mported, not
red to be °" hivc bcen alr " d y kcu-
And be it further cnafai. That the duties impofea by law on the
tonnage of anv ffitp or vessel, lhall be paid tQ the collector by the
malier or person having the |charge or command of such ihip or
hrf« ' r d3y 'r,'!T„ hi ' rf P ort <° said colleaor ; and
e ore such (hip or velTel (hall be permitted to clear out; the !C
---m ,h, 0 fK W f .?' P Vn ' 1 shall at :he of "try be lodged
in the office of the collector, „,d there remain until such clearance.
7c V ' C ' or a "eroptto leave any dif
trta of the un.ted States, wrtfuut paying the said duties, the mafler
1 person having the charge or command of the fame (hall forfeit
and pay five hundred dollars.
And ic itfurtlurcnaHti) Tfnt to ascertain the tonnage of any
I *h'p or^velfeI the surveyor, or such other person as (hall t, c ap-
P ( °,V r j y n! co,lc ®° r , ° f thc dlllrlft to the fame, (hall,
il the said (hipor telle, be double decked, take she Irti-th thereof
iroin the lor, part of the main (lem to thc „ftcr part of the (lern
port above the upper deck ; the breadth thereof at The broa Jell part
above the main wales, hair of which breadth (hall be accounted
he depth of such 1 vessel, and (hall then deduct t.om the len-th
three fifths of the breadth, multiply the remainder by the breadth,
and the proditft by the depth, and (hall divide this last product by
ninety-five, the quotient whereof (h. II be deemed the true contents
or tonnage of such , Aip or vessel. And if such fliip or veftcl be
ingle deckcd, the laid surveyor or other person (hall lake the
le..«h and breadth as above directed, in refpeft to a double deck
°/> J , ' <Jcdua lr ° m the f - id lcn S ,h th rec fifths Of
, Breadth, and taking the depth from the under fide of the deck
plank to the c,cling mi he hold, (hall multiply and divide a,afore
veil el* thc< l uoucnt be deemed the tonnage oi such fiiip or
Artilc itfurthtr ya9ed, That where any bond for the payment
of dnt.r, hall not be fatisfic-J on the , , ,t beeame due, the col
lector (liall forthwith cause a proferuliort to be commenced for
the recovery of the money thereon by a£b,m or suit at law, in
the proper court having cognieance thereof; and in all cales of
mWvency or where anyeftatein thc hands of executors or ad ni
nillrators lhall be inefficient to p, y all thc debts due from the
n' C ML r\ h i C / (1 <! rfuC t0 United States, on any such bond,
lhall be firft fatisfied. '
And h it further enabled. Tli.it if any roods, warts or merchan
dize p which entry (h,ll haw been made in the office of a collec
tor, shall not be invoiced according to the aftnal cost thereof at
the placc of exportation, with design to evade the duties thereup
on, or any put thereof, all fuel, goods, wares or merchandize, or
r thereof, to be recovered of theperfon making entry,
ffia be forfeited. And in every cafe in which the said colledor
shall fufpettthat any fucli goods.' wares or merchandize, are not
invoiced at a futn equal to that for which they have uluallv been
Md in the place or country from whence they were i npor'ted, it
be theduty of such colUrffcr to take the said goods, wares .„id
merchandize into his pofleffion, and retain the lame, with reafon
ablc care, at the risk and expense of the owner or owners, cond '-
nee or consignees thereof, until their value at the time and place of
importation (hall be ascertained by two reputable merchants, to
be chofcn and appointed as in the cafe of damaged goods, or
goods not accompanicd with an invoice ; and until the duties ari
sing accordingto such valuation shall he firft paid, or fecura; to
be paid as required by this ast in other cales of importation :
Provided, That in cafe of for the forfeiture aforefaid,
such appraifcment shall not be conftrucd to exclude other proof
upon the trial, of the actual and real coll of the said goods at the
said place of exportation.
And be it further enaJcd,ThiL it shall be lawlu! for the colleflor
or other otneer of the customs, after entry made of any goods,
wares or merchandize, on suspicion of fraud, to open and exa
mine in the presence of two or more reputable merchants, any
package or packages thereof; and if upon examination they shall
he found to agree with the entries, the officer making such seizure
shall cause the fame to be repacked, and delivered to the owner or
claimant forthwith : and the expense of such exemination shall
he paid by the said collator or other officer, and allowed in the
[ fettleinent of his accounts ; but if any of the packages so examined
| shall be found to differ in their contents from the entry, then the
goods, wares or merchandize contained in such package or packa
ges fliall be forfeited : Provided, That the said forfeiture (hall not
be incurred, if it ftiall be made appear to the fatisfa&ion of the col
lector and naval officer of the diftrift where the fame shall happen,
if there be a naval-officer, and if there be no naval officer, to the
fatisfaftioi. of the said or of the court in which a prose
cution for the forfeiture shall be had, that such difference proc- ed
cd from accident or miftals.e, and not from an intention to defraud
the revenue.
jjnd be it further enafted y That every collcftor, naval-officer and
purveyor, or other pcrfon specially appointed by either of them
for that phrpoie, shall have full power and authority to enter any
jfiiip "T veffcl in which they shall have reason to fufpefl any goods,
wares or merchandize fubj?6l to duty (hall be concealed; and
therein to fcarch for,feizeand secure any such goods,wares or mer
chandize. And if they shall have caufc to fufpeft a concealment
jthereof in any particular dw> l,ing-houfe, flore, building or other
place, they or either of them shall upon application on oath to any
Jujtice of the pcace, 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 il auy shall be found, to seize and Cecure the fame
for trial ; and all such goods, wares and merchandize, on which
khe duties shall not have V>cen paid or secured, shall be forfeited.
And be itfurther enabled, That all goods, wares and merchandize
which shall be seized by virtue of this a&, (half be put into and
remain in the custody of the collettor or such other person as he
shall appoint for that purpose, until fech proceedings shall be had
as by this ast are required, to afccrtain whether the Tame have been
605
io teited or not ; and it ihall be adjud ed fjhat, they arc /iy>t i- -
feited they shall he forthwith restored to the owner or own -rsi
claimant or claimants,thereof. And if any pcrfon or perforu i)». II
conceal or buy any goods, wares or merchandize, knowing them
to be liable to Icizure by thisaft, fqch person or pcrfons (hall, on
conviflion thereof, forfeit and pay a fuin double i } .\? value of the
jjoods so concealed or purchased.
And be it further enacted, That it ftiall be the duty of the fevc
ral officers ofthe rußomsto make seizure of, and secure any (hip
orvcflel, goods, wares or merchandise, which (hall beliableto
fctzu/e by virtue ol this a£t, as well without as within their rc
fpective diftrifts.
And be it further cnaflcd, That if any officer or other perfon,:xc
cuting or aiding and assisting in the fciture of goods, shall be su
rd or molested for any thing done in virtue of the powers given
by this ast, or by virtue of a warrant granted by anyjudze or iuf
tice pursuant to law, such officer or other oerfon may plead the
general iHue, and give thisaft and the special matter in evidence ;
and it in such suit the plaintiff be non-suited, or judgment pal#
againlt him, the defendant lhall recover double cost ; and in ac
tions, fuirs or information to be brought* where any seizure fliall
be made pursuant to this if the property be claimed by any
person, in every such cafe the onus probandi fliall be upon such
Claimant. And if any person (ball forcibly rcfift, prevent or im
pede .--ny officer of the cultoms or their deputies, or any person
allimng them in the execution of thejrduty, fgch perfo.i b of
fending fiiall for every offence be fined in a sum not excecdnz
four hundred dollars.
And be it further enabled. That every collcaor, naval-officer and
urveyor lhall within th:cj months after he enters upon the exe^ -
cut.on ot his office, give bond with one or More fulficient farc
|'«.to be approved of by the comptroller of the t.eafur.y of the
United Mates, and payable to the laid United States, w;th condi
tion for thetrue and faithful discharge of the duties of his office
according to law ; that is to fay : ThecolleSor of Philadelphia,
in the sum offixty thousand doll, rs : The collector of Ncw-York!
filty thoufanddollars: The co lector ot Bolton and CUarlrflown,
forty thoiilariu dollars : The collt-ftorj of Baltimore, and Charlcf
ton, thirty thousand dollars, each : The collector of Norfolk and
Porttmotna, fifteen thousand dollars: The collectors of Ports.
mouth in New-Hampllure, of Sakm and Beverly, Wilnji, -ton
in the State ot Delaware, Annapolis, Georgetown , n Maryland,
Bermuda-hundred and City-point, Alexandria, Wilmington,
Newbern a„a Edenton in the State of North-Carolina, Newport
and Providence in the Stateol Rliode-lfland and Providence Plan
tations ten thousand dollars each : The condors of Newbury-
Port, Gloucester, Marblchead, Plymouth, Nantucket, Portland
and Falmouth, New-London, New-Haven, Fairfield, Perth-Am,
boy, Wktown, Dumfries, Wadiington and Cambden. Ceorze
r° W j n l",? 01 Beaulort and Savannah, each five thou
sand dollar, • And all the other colirflors in the sum o' tw.
i loufand dollars each The naval-officers tor the ports ol 3oftor,
and Charleftown New-York, Philadelphia, Baltimore, and
Charleston, ten thousand dollars each ; and all the other naval
officers in the sum of two thousand dollars each. The furvevor.
ot the ports of Botton and Cha.leltown, New-York, Philadelphia
Baltimore, and Charlelton, five thoufai.d dollars each ; and. all
other surveyors one thousand dollars cach. Which bonds fh 11
be filed in the office of the said comptroller, and be by him feve
/ b u CnCf, J ° f th,! U " Ucd Slat «- any
breach o the,conditionthereof. And as no prov.fion has been
heretofore fpeciallymade concerning the officers of the cultoms
who may have been heretofore appointed in a. 1 for the States of
North-Carolina, and Rhode-Ill,ind and Provide, -e Plantations •
the fa,d officers refpefttvcly (hall, within four months after the
paflingof t h.s ast, gtve bond with proper surety or furctie. id
conformity to the provilion aforcfaid. T$ be continued. '
TT; ,. . Treasury Department, Sept. 20, .j 7 q o .
TT .s hereby made known, that the following anangemcm |,a,
been adopted towards carrying into execution t he Ast, malt
ing provision tor the debt of the United State,., viz
Loan-Office Certificates, andthofeiffued by the Commission
ers for the adjustment of accounts in the several States will he re"
ccivable only at the Treasury and by the refpeflive
ol Loans within the States in which they were refpeft.vely issued
The Certificates the Register of the Treasury, by the "ay
riiß r"k~TT n^°nCr ° f Arm >' Acc °«n's, by the
Comm ffioners for the adjustment of the Accounts of the OMr,«
Mafler s, Commiffaiy's Hospital, Cloathing, and Marine Depalt
partments, Indents of Interest, and Bills ot Old Emission, will
be receivable indifcnminately at the Treasury and by the Com
ted^h" e " ° /'"'l ThC fituatlon °f 'he Checks has dicta,
ted this arrangement for the greater security ot the public aeanift
impositions by forged or counterfeit paper, and the details which
h " e k b«n adopted from the lame co„fiderati„ n lor the execution
0 bufuiefs are such, that it will H i v e facility anddifpatch if
applications from the Holders of Certificates of tie Register of
the Treasury and of the Paymaflcr General, and Commiflioner of
Army Accounts, and of the Commissioners of the five Depart
ments above mentioned, are made in the firft inftanee at the Trea.
fury ; and if applications from the Holders of Loan Office Certi
si ate, and Certificates ifTued by the Commissioners for the adiuft.
ment of Accounts in the refpeAve States, are made in likeZn
T T" SOfL r Oa,lS W " h ' n thcStat « >" which they
were slued. Transfers can afterwards be made to any Office thM
the Proprietors of these Certificates may desire.
Pr "" rs the several Statu are requejltd to inf.rtthis.
PnfM UANT fi toa efolVeor L aa ° f Con S rcfs of tothda*
»si / u 17 5°» rclat,v . c the deftru&ion of Loan-Office Cer
tificates by accident ; notice is hereby given to all whom if
■bvThe"fubl" P h ttlC m d i y °e Ja " U3ry 1 7 80 ' the houfc occupied
y the fublcnber in Market-Street, Philadelphia, took fire and
wa, coined, m which was lodged a number of Loan-Office
certificates as pr. lift below, all which were destroyed by the fa id
fire Therefore if any person, hath any objection why the said
Certificates should not be renewed, agreeable to the resolves of
m r make them before the expiration of three
months, from thr date hereof. rce
greyed,,, the hcfc of J oh n Hoik#
g on the day of January 1780.
tfarch 1; ' 6.36 1 Samuel Cooke, jun. New-York,
1 d '«°- do. 600
Dollars, 1200,.
No..
1636
1673
In tcftimony whereof I have fijned the prefer,. for pub*
lication. t, OT k
A«w-York, July a6//i, 1790,
jS>O
1
[Whole NO. X 52.]