Chapter CLXXXV. *to regulate the foreign and coasting Trade on the northern, northeastern, and northwestern Frontiers of the United States, and for other Purposes*
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CHAP. CLXXXV.— An Act *to regulate the foreign and coasting Trade on the northern, northeastern, and northwestern Frontiers of the United States, and for other Purposes*. July 1, 1870*Post*, p. 595. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Masters of certain vessels engaged in the foreign, &c. trade on the northern, &c. frontiers, to present to collector before, &c. duplicate manifests of cargo, &c.If there is no cargo, manifests to so state, &c.If vessel touches at an intermediate port, &c.
That the master of every vessel enrolled or licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States shall, before the departure of his vessel from a port in one collection district to a port in another collection district, present to the collector at the port of departure duplicate manifests of his cargo, or, if he have no cargo, duplicate manifests selling forth that fact, which manifests shall be subscribed and sworn or affirmed to by the master before the collector, who shall indorse thereon his certificate of clearance, retaining one for the files of his office; the other he shall deliver for the use of the master.
And in case such vessel shall touch at any intermediate port in the United States, and there discharge cargo taken on board at an American port, or at such intermediate ports shall take on board cargo destined for an American port, the master of such vessel shall not be required to report such ladingFORTY-FIRST CONGRESS. Sess. II. Ch. 185. 1870.177 or unlading at such intermediate ports, but shall enter the same on his manifest obtained at the original port of departure, which he shall deliver to the collector of the port at which the unlading of the cargo is completed, within twenty-four hours after arrival, and shall subscribe and make oath (or affirm) as to the truth and correctness of the same.
And the masterDuty of master when departing to a place in, &c. where there is no custom-house. of such vessel shall, before departing from a port in one collection district to a place in another collection district, where there is no custom-house, file his manifest and obtain a clearance in manner aforesaid, and make oath or affirmation to the manifest aforesaid, which manifest and clearance shall be delivered to the proper officer of customs at the port at which said vessel next arrives after leaving the place of destination specified in said clearance: *Provided*, That the master of any vessel with cargo,Permit for landing, &c. passengers, or baggage from any foreign port or place shall obtain a permit and comply with existing laws before discharging or landing the same: *And provided further*, That nothing in this section contained shallGoods destined for foreign port to be reported.When permit not required. exempt masters of vessels from reporting, as now required by law, any goods, wares, or merchandise destined for any foreign port: *And be it further provided*, That no permit shall be required for the unlading of cargo brought from an American port.
Sec. 2. *And be it further enacted*, That the master of any vessel enrolledDuty of master with cargo from a place where there is no custom-house to a place where there is a custom-house. or licensed as aforesaid, destined with cargo from a place in the United States, at which there may be no custom-house, to a port where there may be a custom-house, shall, within twenty-four hours after arrival at the port of destination, deliver to the proper officer of the customs a manifest, subscribed by him, setting forth the cargo laden at the place of departure, or laden or unladen at any intermediate port or place, to the truth of which manifest he shall make oath or affirm before such officer:
Provided, That if said vessel have no cargo, the master shall not be requiredProviso. to deliver such manifest. Sec. 3. *And be it further enacted*, That steam-tugs duly enrolled andSteam-tugs in such trade, when not required to report and clear; licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, when exclusively employed in towing vessels, shall not be required to report and clear at the custom-house: *Provided*, That when said steam-tugs shall be employedwhen required to report and clear. in towing rafts or other vessels without sail or steam motive-power, not required to be enrolled or licensed under existing laws, they shall be required to report and clear in the same manner as is hereinbefore provided in similar cases for other vessels.
Sec. 4. *And be it further enacted*, That the manifests, certificates ofForms of manifests, certificates, oaths, &c. clearance, oaths or affirmations, provided for by this act, shall be in such form, and prepared, filled up, and executed in such manner, as the Secretary of the Treasury may from time to time prescribe. Sec. 5. *And be it further enacted*, That if the master of any enrolledPenalty upon master for not complying with this act; or licensed vessel, as aforesaid, shall neglect or fail to comply with any of the provisions or requirements of the foregoing sections of this act, such master shall forfeit and pay to the United States the sum of twenty dollars for each and every failure or neglect, and for which sum the vessel shallvessel liable; be liable, and may be summarily proceeded against, by way of libel, in any district court of the United States.
Sec. 6. *And be it further enacted*, That in case the master or owner ofupon master or owner for wilfully swearing, &c. falsely. any vessel shall wilfully and falsely swear or affirm to any of the matters or facts herein required to be sworn or affirmed to, said master or owner shall be deemed guilty of perjury, and shall be liable to all the fines and penalties imposed by existing laws punishing such offences. Sec. 7. *And be it further enacted*, That from and after the passage ofFees.*Post*, pp. 695, 696. this act, the following fees shall be levied and collected from the owners and masters of vessels enrolled or licensed on the northern, northeastern, and northwestern frontiers of the United States, and none other shall be received than those herein specially enumerated: 178 Fees for admeasurement. 1804, ch. 83, § 4.Vol. xiii. p. 72.For the admeasurement of any vessel, the fees prescribed by section—of an act entitled “An act—,” approved May six, eighteen hundred and sixty-four.
Enrolment.For certificate of enrollment, including bond and oath, one dollar and ten cents. License.For granting license, including bond and oath, if not over twenty tons, forty-five cents. For granting license, including bond and oath, above twenty and not over one hundred tons, seventy cents. For granting license, including bond and oath, above one hundred tons, one dollar [and] twenty cents. Manifest.For certifying manifest, including master’s oath, and granting permit for vessel to go from district to district, under fifty tons, twenty-five cents.
For certifying manifest, including master’s oath, and granting permit for vessel to go from district to district, over fifty tons, fifty cents. For receiving manifest, including master’s oath, on arrival of a vessel from one collection district to another, whether touching at foreign intermediate ports or not, under fifty tons, twenty-five cents. For receiving manifest, including master’s oath, on arrival of a vessel from one collection district to another, whether touching at foreign intermediate ports or not, over fifty tons, fifty cents.
For certifying a manifest, including master’s oath, and granting permit to a vessel under fifty tons, laden with a cargo destined for a port or place in another district at which there is no custom-house, twenty-five cents. For certifying a manifest, including master’s oath, and granting permit to a vessel above fifty tons, laden with a cargo destined for a port or place in another district at which there is no custom-house, fifty cents. Entry of vessel.For the entry of a vessel of fifty tons or under, direct from a foreign port, one dollar and fifty cents.
For the entry of a vessel above fifty tons, direct from a foreign port, two dollars and fifty cents. Clearance.For the clearance of a vessel of fifty tons or under, direct to a foreign port, one dollar and fifty cents. For the clearance of a vessel above fifty tons, direct to a foreign port, Proviso.two dollars [and] fifty cents: *Provided*, That vessels departing to or arriving from a port in one district to or from a port in an adjoining district, and touching at intermediate foreign ports, are exempted from the payment of the entry fees.
Port entry.For a port entry of such vessel, two dollars. Permit to land or deliver.For permit to land or deliver goods, twenty cents. Bond.For a bond taken officially, not otherwise provided for, fifty cents. Permit to load goods.For permit to load goods for exportation entitled to drawback, thirty cents. Debenture.For debenture or other official certificate not otherwise provided for, twenty cents. Recording mortgages, bills of sale, &c.For recording all bills of sale, mortgages, hypothecations, or conveyances of vessels, fifty cents.
For recording all certificates for discharging and cancel[l]ing any such conveyances, fifty cents. Certificate.For furnishing a certificate setting forth the names of the owners of any registered or enrolled vessel, the parts or proportions owned by each, and also the material facts of any existing bill of sale, mortgage, hypothec cation, or other incumbrance; the date, amount of such incumbrance, and from and to whom made, one dollar. Copies of records, &c.For furnishing copies of such records for each bill of sale, mortgage or other conveyance, fifty cents.
Manifest of railroad car, &c.For receiving manifest of each railroad car or other vehicle laden with ? goods, wares, or merchandise, from a foreign contiguous territory, twenty-five cents. FORTY-FIRST CONGRESS. Sess. II. Ch. 185, 186, 187. 1870. 179 For entry of goods, wares, or merchandise, for consumption-warehouse,Entry for consumption-warehouse, &c. re-warehouse transportation, or exportation, including oath and permit to land or deliver, fifty cents. For certificate of registry, including bond and oath, two dollars [and]Certificate of registry, &c. twenty-five cents.
For indorsement of change of masters on registry, one dollar.Change of masters. Sec. 8. *And be it further enacted*, That all acts or parts of acts conflictingRepealing clause. with this act are hereby repealed. Sec. 9. *And be it further enacted*, That the Secretary of the TreasurySecretary of Treasury may remit certain fines and penalties. shall have authority to ascertain the facts upon all applications for remission of fines or penalties incurred under the provisions of this act, where the amount in question does not exceed one thousand dollars, in such manner and under such regulations as he may deem proper, and he may thereupon remit or mitigate such fines or penalties, if in his opinion the same shall have been incurred without willful negligence or intention of fraud in the person or persons incurring the same, and all fines and penalties imposed or recovered by this act shall, after deducting proper costs and charges, be disposed of as provided by section ninety-one,1799, ch. 22, §91.Vol. i. p. 697. act of March two, seventeen hundred and ninety-nine.
Approved, July 1, 1870.