Chapter 46.
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CHAP. 46.— AN ACT To provide for the lading or unlading of vessels at night, the preliminary entry of vessels, and for other purposes. February 13, 1911.[[S. 6011](/us/bill/36/s/6011).][[Public, No. 350](/us/bill/36/pl/350).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Section.1.That upon arrival at any port in the United States Customs.of any vessel or other conveyance from a foreign port or place, either directly or by way of another port in the United States, or upon such Lading and unlading vessels, etc., at night.arrival from another portSpecial license for.in the United States of any vessel or otherVol. 34. p. 633. 900conveyance belonging to a line designated by the Secretary of the Treasury as a common carrier of bonded merchandise, and, after due report and entry of such vessel in accordance with existing law or due report, under such regulations as the Secretary of the Treasury may prescribe, of the arrival of such other conveyances, the collector of customs, with the concurrence of the naval officer at ports where there is a naval officer, shall grant, upon proper application therefor, a special license to lade or unlade the cargo of any such vessel or other conveyance at night; that is to say, between sunset and sunrise.
Sec.2.That the master of any vessel from a foreign portPreliminary entry to boarding officer.or place, upon arrival within a customs collection district of the United States, bound to a port of entry in such district, may make preliminary entry of the vessel by making oath or affirmation to the truth of the statements contained in his original manifestDischarge of cargo on arrival.and delivering his said original manifest to the customs officer who shall board such vessel within such district, with a copy of said original manifest for the use of the naval officer at ports where there is a naval officer; whereupon, upon arrival at the wharf or place of discharge, the lading or unlading of the cargo of such vessel may proceed, by both day and night, under such regulations as the Secretary of the Treasury may prescribe.
Sec.3.That before any such special license to lade or unlade at nightBond required for immediate lading or unlading.shall be granted and before any permit shall be issued for the immediate lading or unlading of any such vessel after preliminary entry, as hereinbefore provided, either by day or by night the master, owner, agent, or consignee of such vessel or other conveyance shall make proper application therefor and shall at the same time execute and deliver to the United States, through the collector of customs, a good and sufficient bond, in a penal sum to be approved by the said collector, conditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of such special license or the issuing or granting of such permit for immediate lading or unlading; or the master, owner, agent, consignee, or probable consignee, as aforesaid, may execute and deliver to the United States, in like manner and form, a good and sufficient bond, in the penal sum of fifty thousand dollars, conditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of such special licenses and the issuing or granting of such permits for immediate hiding or unlading by day and night Continuing bond for special licenses and permits.during a period of six months.
Sec.4.Such application having been duly made and the required bondhaving been duly executed and delivered, special license or licenses Issue of licenses and permits.to lade or unlade at. night after regular entry of vessels, and due report of other conveyances, may be granted, and a permit or permits may be issued for the immediate lading and unlaciing, by day and night , of vessels admitted to preliminary entry, or of other conveyances of which due report of arrival has been made: *Provided,* *Provisos.*That the provisions of this Act shall extend and be applicable to any vessels or other conveyances Vessels with goods in transit.bound to a port of entry in the United States R.
S. sec. 2776, p. 538.to be unladen at a port of delivery or to be unladen at a place of discharge designated by the Secretary of the Treasury under the provisions of section twenty-seven hundred and seventy-six of the Revised Statutes Formal entry required.as amended: *Provided further,+* That when preliminary entry of a vessel shall be made by the master as herein provided he shall not be relieved from making due report and entry of his vessel at the customhouse in accordance with existing law, and any liability of the master or owner of any such vessel to the owner or consignee of any merchandise landed from her shall not be affected by the granting of such special license, but such liability shall continue until the merchandise is properly removed from the dock whereon the same may be landed. 901 Sec.5.That the Secretary of the Treasury shall fix a reasonable rate of extra compensation for night services of inspectors,Inspectors, etc.storekeepers, weighers, and other customs officers and employees in connection Extra pay for night service.with the lading or unlading of cargo at night, or the lading at night of cargo or merchandise for transportation in bond or for exportation in bond, or for the exportation with benefit of drawback, but such rate of compensation shall not exceed an amount equal to double the rate of compensation allowed to each such officer or employee for like services rendered by day, the said extra compensation to be paid Payment to collector by master, etc.by the master, owner, agent, or consignee of such vessel or other conveyance, whenever such special license or permit for immediate lading or unlading or for lading or unlading at night or on Sundays or holidays shall be granted, to the collector of customs, who shall pay the same to the several customs officers and employees entitled thereto according to the rates fixed therefor by the Secretary of the Treasury.Rates to employees.Customs officers acting as boarding officers, and any customs officer Boarding officers, etc., may administer oaths.who may be designated for that purpose by the collector of customs, are hereby authorized to administer the oath or affirmation herein provided for, and such boarding officers shall be allowed extra compensation for sen ices in boarding vessels at night Payment for services at night, etc.or on Sundays or holidays—at the rate prescribed by the Secretary of the Treasury as herein provided, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessels.
Sec.6.That section twenty-eight hundred and seventy-one of the Revised Statutes, Laws repealed.the Act approved June thirtieth, nineteen hundred and six, entitled “An Act to amend section twenty-eight hundred and seventy-one of the Revised Statutes,” and section one of the Act approved June fifth, eighteen hundred and ninety-four, R. S. sec. 2871, p. 556.entitled “An Act to facilitate the entry of steamships,” and all Acts or parts of Acts inconsistent herewith are hereby repealed.
Approved, February 13, 1911.