Gazette of the United-States. [volume], September 22, 1790, Page 601, Image 1

About Gazette of the United-States. [volume] (New-York [N.Y.]) 1789-1793

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PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 41, BROAD-STREET, NEAR THE EXCHANCE,NEW-YORK
CNo. 47, c/Vol. ll.j
COLLECTION LAW.——C
A ND in order to ascertain what articles ought to be exempted
' r °ni duty, as the fca stores of a fhi por vessel,
' "further trailed, Tiiat the mailer or person having the c harge
or command of such (hip or velTel, ihall particularly fpetify the
laid aiticlesin the report to be by him made as aforefaid, defi"-
n«mg them as the sea stores of Uie said Ihip or vtlfcl ; and in the
aid oath to he taken hy such mailer or other person, he shall de
clare that the articles so fpecined as sea stores are truly luch. and
Vere boni tide put on board the fa.d (hip or veffci (oi the use ofthe
officers, crew and passengers thereof, and were not brought and are
•lot intended by way of merchandize or for sale ; whereupon the
ar "cles shall be free font duty : Provided alwavj, That if it (hall
appear to the colle£lor to whom such report (hall be made, toge
ther with the naval-officer where there is one, or alone where there
is none, that the quantities of the laid articles so reported as sea
ltores arc excessive, it (hall be lawful for the said collcftor jointly
with the said naval-officer, or alone as the cafe may be, in his or
their discretion, to estimate the amount of the duty on such ex
cess j which shall be forthwith paid by the said mailer or ptrfon
nav'nethe command or charge of the said (hip or velM to the said
colleaor, on pain of forfeiting the value of such excess, And il
iny of the said articles (hall be landed for the purpose of being
io.d, or to be otherwifc used than as the fca stores of the (hip or
vclicl in which they were brought, all such as (hall be so landed
lhall be forfeited, and the matter or commander of such fhipor
vefTel being privy thereto, (ball moreover forfeit and pay treble
the value of the articles so lartdcd.
And also to ascertain what articles oiight to be exempted from
duty, as the cloathes, books, lioufhold furniture, tools or implr*
meutsofthe trade or piofeiliouof persons arriving within the Uui*
ted States.
Be itfurther enafled, That due entry thereof, as of other goods,
wares and merchandize, but separate and dillinft from of
ftny other goods, wares or merchandize imported from a foreign
port or place, Ihall be made with the colle&or of thediftrift in
•which the said articles are intended to be landed by the owner
thereof, his or her agent, who shall make oath before the laid col
le&or, according to the best of his or her knowledge or belief,
touching the perfonto whom the laid articles ihall belong, and
his calling or occupation, ihe arrival or cxpe&ed arrival of the said
pcrfon wuhin the United States, and that the fjid articles are tru
ly intended for the ule ot the said owner solely, or jointly with
his or her family as the cafe inay be, and are not dircfclly nor in
dire&ly impound or intended for l'ale ; which oath Ihall be in
writing, endorsed upon the said entry, and fubferibed by the par
ty making the fame. And in caTe the hid party Ihall be other
than the owner of the said articles, he or she ih \W give bond with
one or more furetirs to the fatisfa&ion ol the said collector, in a
sum equal to what would be the amount of the duties on the said
articles if imported fubjtft to dutv, with condition that in a cer
tain time therein to be lpeoified not exceeding one yoar, a hk.c
oath as above direclrd shall be made by tbe said owner, and if not
made before the said collector, shall be produced to him duly au
thenticated ; whenupon a permit Ihall and may be granted for
landing the said articles. And a copy of every such entry, and of
the oath endorsed thereupon, ihall be tranimiited tuthe Secrctat y
of the Treasury for his information.
And whereas by the letter of the a&j intituled, " An a£l for lay
ing a duty on goods, wares and merchandizes imported into the
United State*," articles of the growth or manufadure of the Uni
ted Slates exported to foreign countries and brought back to the
Uuitcd States, are fobjeft to duty on theii importationjnto thefaid
States. And whereas it was not the intention of Cougrefs that tlicy
lhould be so fubjeft to duty.
Be it therefore furthet enacted, That in every cafe in which a du
ty may have been heretofore paid on goods, wares or merchan
dizes of the growth or manufallurc ot the United States, exported
to a foreign country and brought back to the said states, the amount
thereof shall be repaid to the person or perfous by whom the fainc
(hall have been paid, or to his, her or their reprcfcritauve?, and
that in e\ ei y cafe in which such duty may have accrued, but may
not have been paid the fame be remitted, and that 110 such duty
fnall hereafter be demanded, provided that the regulations herein
after prescribed for ascertaining the identity of such goods, wares
or merchandize'be obfepved and complied wiih, and that as well
in refpeft to those her- lofore imported, as far as may be practica
ble, as to those hereafter to be tin ported.
And also to ascertain the identity of articles of the growth, pro
<kia or manufacture of the United States, which having been ex
ported to any foreign port or place, (hail be brought back ■to the
said States :
Be it further enabled, That report and entry thereof (hall be made
as in other cases of goods, ware:, and merchandize, imported from
a foreign port or place, and proof bv oath of the perfou or per
sons having knowledge oi the falls, (hall be made to the (atisfa&i
on of the coilcdor of the diftnft, wilh whom futh entry (hall be
jointly with the naval-officer, if there he a naval-oHiccr, or alone if
there be uo naval-dfticer, th«*t the said aitides had been exported
from the United States, as of their growth, piodudl or manutac
tiire, and of the time when, by whom, in what (hip or vetfe!, and
for what port or placc they were so exported ; and if the said col
lector (hall be other thau the colle&or of the diftritt from which
the said articles (hall have been exported, a ccrtificatcof the Jac
tcr fhaJl be pioduccd to the torincr, teHitying the exportation
I hereof in conformity to the proof aforc said ; whereupon a permit
shall and may be granted for landing the fame : Provided., that if
the said certificate cannot be immediately produced, and if the
proof-other wife required (hall be made, and it bond lhall be giv
en, with one or more furetics, to the fatisfallion oftlie cotleltor of
the diftrift within which the laid articles are intended to be land
ed, in a sum equal to what the duties would be on the said articles
if they were not of the growth, produlk, or manufacture ot the
United States ; with condition that the said certificate (hall be
produced within the term of four months, it (hall be lawful for
the said colleftoi 10 granr a permit for the landing of the said ar
ticles, in like manner as if the (aid certificate had been produced.
And be it further rnafled. That the oaths to be tak.n upon ma
k ing of any of the reports or entries aforcfaid, whether by ihe ma
tter or other person having the charge or command oi any (hip or
vcflel. or the owner or confrgnee of any goods, waics or merchan
dize, h»s or her factor or agent, shall be adminifUrcd by the col
hr&or or officer 10 whom report or entry shall be maae, and where
there shall be a nnval-othccr, in the preience ot such naval-officer,
who lhall attend for that purpose, and shall be reduced to writing,
end fha|l be fubferibed by the person adffnniftei ing the fame, and
hy the said naval-ofucer, if any shall be prefen:: And the said col
hllor, jointly with the said naval-officer, where there is a naval
-01 aIoMC wlnre there is none, lhall accotdmgto the bed of
WEDNESDAY, SEPTEMBER 22, 1790.
his or their judgment 01 information, make a giofs elliinate of the
amount ot the duties on the goods, wares or merchandize to
winch the entry ot any owner or consignee, his or her fattor or
agent shall relate, which eftimateffiall be endorsed upon such en
try, and ngned by the officer or officers making the fame. And
t .e amount of the said duties according to the laid estimate, ha
ving been firfl paid or secured, pursuant to the provisions of th.s
' ,he collcflor shall grant a'permit to land thegoods, wares,
or merchandize, whereof such rniry shall have been made, and
then and not otherwise, it (hall be lawful to land the laid goods.
- n be itjutther enabled, That no goads, wares or mcrchandiz#
brought in any (hip #r velfcl from any foreign port or place, (hall
be unladen or delivered from luch (hipoj velTel, within the Uni
ted State!, but in open d-y, that is to fay, between the nfing and
iMtiug ot the fun, except by fpccial licence from the -chief officer
o! l he port tor that purpose, nor at anytime without a permit from
the collector for such ultladmg or delivery; and if any goods
warts, or merchandize (hall be unladen or delivered from any
such ship or vessel, contrary to the directions afotefaid, or any of
tliem, the mailer or person haviug the command or char e ol such
ship or vessel, and every other person who shall knowingly be
concerned or aiding therein, or in removing, ftcring, or otherwise*
lecurmg the said. goods, wares or merchandize, shall foifeitand
pay the um of four hundred dollars for each offence ; arid shall
he difabicdlrom holding any officc of trust or profit under the
United States, for a term not exceeding seven years ; and it shall
be the duty of the collcftor ot the dulnft, to advert.fc the names
ol all such pcrfons in a newspaper, printed in the state in which
he rcfides, within twenty days after each refpedive convidion.
And all goods, wares or merchant!,ze, so unladen or delivered,
shall become forfeited, and may be frized by any of the officers of
the cultoms ; and where the value thereof, according to the high
en inaHket pricc of the fame, (hall amount to four hundred dollars,
the vessel, tackle, apparel and furniture, shall be fuhirft to like fei.
zure and forfeiture.
nd be it further enafltd. That no goods, or merchandize
brought in any (hip or vessel from any foreign port or place, re
quiring to be weighed or guaged iu oider to ascertain the duties
thereupon, (hall be removed from any or place upon which
the fame may be landed, or put, before the fame shall have been
weighed or guaged, by or under the direction of a proper officer
' ll l ' ,at purpose ; and if any such goods, wares or merchandize,
mall be removed'from such wharf or place, unless with consent
o the proper officer, before the f„me (hall have been so weighed
or guaged, the fame shall be Forfeited, and may be seized bv°anv
officer of the cuflom*. 1 7
be it further enaclcd, That all gfcds, wares or merchandize
of which en ry (hali have been made, without fpecification of par
ticulars, Oi 1 11 be conveyed to some ware-house or flore-houl'e, to
be th lignated by the collector in the parcels or packages contain
ing the l.une, under the care of foa:c y oper offietr, until tl»r par
tkulaiS thereof lha!i be examined and afcertj.nrd ; agreeabfy to j
which the duties thereupon (hall be finally ad jutted and fatisfied.
And in every cafe, it the amount of the cutu-s ettiinated, or fc
cuied to be paid, shall exceed or fall short of the true amount of
the duties on thegood*, wares or merchandize imported, as the
fame (hall be finally afcortained, the difference shall be made
good or allowed where there Hlall be an cxcefs by return of the
money, if paid, or credit on the bond which shall have been given
fur the fame, it not paid ; and where shall be a deficiency, by
payment of such deficiency to the said collector.
And be itfurther cnafled, That it (hall be lawful for the collector
of any diftrift at which any ship or vessel may arrive, and for the
surveyor of any port where any such (hip or vessel may be, to put
and keep on board such ship or vessel, while remaining within
such diftrift, or in going from one diftrift to another, one or more
infpeftor* to examine the cargo or contents of such ship or veirei,
and to fupcrintend the delivery thereof, or of so much thereof as
(hall be delivered withiu the United States; and to perform such
other duties according to law, as they (hall bediiefted by the laid
collector or fuiveyor to perform for the better securing the collec
tion of the duties : Provide J, That collectors only (hall have pow
er to put on board (hips or veffjfs, infpeftors to go from one dif
trift to another. And the Lid infpeftor or infpeftors shall make
known to the person having the charge or command of such (hip
or vessel the duties he or they is of are so to perform ; and (hall
fuffer no goods, wares or merchandize to be landed or unladen
from such ship or vessel without a proper permit for that purpose,
and (hall enter in a book to be by him or each of them kept, the'
name or names of the person or persons in whose behalf such per
mit was granted ; together with the particulars therein fpecified,
and the marks, numbers, kinds and descriptions of the refpeftive
packages which (hall be unladed pursuant thereto. And the wa
ges or compensation of such infpeftor or infpeftors in going from
one diftrift to another, (hall be defrayed by the matter or person
having the charge of the veflfel in which they rcfpcftively go.
And be it further cnaflcd, That it (hall be lawful for all collectors,
naval-officers, surveyors, infpeftors, and the officers of the re
venue cutters herein after mentioned, to goon board of (hips or
veflels in any part of the United States, or within tour leagues of
thecoaft thereof, if bound to the United States, whether in or out
of their refpeftive diitrifts, for the purposes ot demanding the
manifefts aforcfaid, and or examining and searching the said Ihips
or veflels : and ihc said officers refpeftively (hall have free access
to the cabin, and every other part of a ship or vessel : And if any
box, trunk, chest, cask, or other package, shall be found in the
cabin, ftceiage, or forecaftle of such (hip or vessel, or in any other
place separate from the residue of the cargo, it shall be the duty of
the said officer to take a particular account of every such box,
trunk, calk or package, and the maikr, if any there be, and a de
fci iption thereof; and if he (hall judge proper to put a seal or
lea Is on every such box, chest, trunk, cask or package ; and such
account and description lhall be by him forwarded to the collec
tor of the diftrift to which such (hip or velTel is bound : And it
upon her arrival at the port of her entry, the boxes, trunks, chests,
calks, or packages so defcribcd, or any of them, lhall be miffing,
or it the seals put thereon be broken, the matter or commander o
such (hip or vessel (hall forfeit and pay for every such box,- trunk,
chest, ca(k or package so miffing, or of which the seals shall be
broken, two hundred dollars : And it lhall also be lawful for the
infpeftors who may be put on board of any (hip or vessel, to se
cure after sunset in each evening, the hatches and other commu
nications with the hold of such (hip or vessel, with locks or other
proper faftenings, which fattenings (hall not be opened, broken
or removed, until the morning iollowing, or after the rifui" of
the fun, and in presence of the iufpeftor or infpeftors by whom
the fame (hall hav<* been affixed, except by fpccial licence from
the chief officer of the poit. And if the said locks or other faft
enings, or any of them, (hall be broken or removed during the
night, or before the said rising ® r the fun, or without the pfcfence
601
;no lain inljx£tor or infpettor.s, the mailer <*r person having t*>e
charge or command of such fliip or V«ffel, (hall forfeit and pay
the furr. of two hundred dollars.
And be it Jurther enabled, That when the delivery of goods,
wares or merchandize from on board of any such (hips or vessel at
any port (hall have been completed, the account! or entries which
.hull have been kept or made thereof by the officer or o'ftcers who
ihall have been charged with fupeiintending; the said deliveries,
%hall be reported to the collector ot the d.llntt, who, together
with tbe naval-officer, where there is one, or alone where there ifi
none, shall com pare tbe said accounts and entries with the entry
or entries which (hall have been made by the owner or owneis,
consignee or conduces, his, her or their fa6tor or And it
any difference shall appear, the lame (hall be noted by endorse
ment on such entry or entries, fpecifying the paiticulars thereof ;
and it no difference Ihall appear, it shall be noted by like en
ciorlement, that ti-e deliveries have coriefponded with the entry - 4
which eudor foment or memorandum shall in each cafe be fub
fenbrd by the officer or officers by whom such comparison ffiall
have been made, and by thp officer or officers under whose infpec*
Hon the said deliveries lhall have been execuud.
And be it further entitled. That if at the expiration of fifteen
working days after the time within which the report of the mas
ter or person having the charge or command of any ship or vcflclj
is required to be made to the collcftor of a diftrift a* aforelaid,
there (hall be found on board any goods, wares or merchandize,
other than shall have been reported for some other diflrift or a
loreign port or pldce, the said infpeftor or infpeftors shall tako
poffeffiori thereof, and delivrr the ("ante to the order of the collect
tor ot the diftrift, taking his receipt therefor, and giving a certi
ficate thereof to the matter or person having such charge or cora.
mand of such (hip or vessel, dclcribing the packages and their
marks and numbers. " And the said goods (hall be kept with du
and reasonable care at the charge and risk of the owner or owners
tor a term of nine months ; ami if within that time no claim be
made for the fame,{the said collector lhall procure an appraisement
th"reol by two or more reputable merchants to be certified under
their hands and to remain with him, and shall afterwards caufo
the said goods to be fold at p&b!ic auction, and rotaining the du
ties and chaiges thereon, (hall pay the overplus if any there be,
into the treasury of the United States, thereto remain for the use
ot the owner or owners, who fliall upon due proof of hi<, her or
their property, be entitled to receive the fame ; and the receipt or
certificate of the collector (hall exonerate the mailer or command
er from all claim ofthe owner. Provided, That where any entry
(hall have been duly made of such goods,th : fame (hall not be ap-'
praised ; and that where such goods arc of a perUhable nature,
they lhall be fold forthwith. Provided further, That the said limi
tation of fifteen days (hall not extend to (hips orveff Is laden with
fait or coal ; but it the said matter or owner of any such (hip or
vi (Tel requires longei tunc to discharge her cargo,the wages or con «
penfationof the infpeftor for every day's attendance e/teeding tha
said fifteeen days, shall be paid by the said matter or owner.
And if by rcafon of the delivery of a cargo in different diftrift*.
more than the said term of fifteen working days (hall in the whoTe
be lpent therein, the wage* or compensation ot the infpeftor or tn»
fpeftors who may be employed on board of any lhip or vessel, in
refpea to which (he said term may be so exceeded, lhall lor every
day of such cxcefs be paid by the laid mailer or owner.
And be it further enacted, That if any package whatever, which
lhall have been reported as alorefaid, shall be want and noc
found on board such (hip or vessel, or if the goods on board the
laid ship or vessel shall otherwise not agree with the report of the
matter or other p.-rfon having the charge or command of any such
(hip or vessel | in every such cafe lie (hall forfeit and pay the sum
ol five hundred dollars : Provided nevertke/efs, That if , t lhall |> c
made to appear to the fati.faftion of the collector, naval officer
and surveyor, or the major part ofihem, where thole officers are
cltabhlhcd at any port, or to the fatisfaftion of the coliettor alone
where either of the laid other officers is not ellablilh d, or in caf
ot trial lor the fnd penalty, to the fatisfafUon of the couit thai
no partul the cargo of such (hip or vessel has been unffiipped since
it was taken on board, except as (hall h ve been fpccificd in the
laid report, or that the said disagreement is by accident or mis
take ; in tuch cale the penalty alorefaid lhall not be infi cled
And be it further tna.Vd That the following allowances {hall
be made for the drafts and tare of the articles fubjcft to duty by
weight, that is to fay: For draught on any quantity of one hun
weight, or one hundred and twelve pounds, and under one
pound ; on any quantity above one, and not exceeding two hun
dred wc.ght, two pounds; on any quantity above two, a„d not
exceeding three hundied weight, three pounds ; on any quantity
above- three, and not exceeding ten hundred weight, four pounds ■
on any qnanttty above ten, and nut exceeding eighteen hundred"
weight, seven pounds ; on any quantity above eighteen hundred
weight, nine pounds : For tare, on every whole chcft of bohca
tea, seventy pounds ; on every half chest, thirty.fix pounds • oa
every quarter chelt, twenty pounds ; on every chcß of hyfoii or
other green tea, the gross weight of which (hall be seventy pound,
or upwards, twenty pounds ; on every bo* of other tea, not Icfs
than fifty or more than seventy pounds gross, eighteen pounds;
on all other boxes ot tea, according to the invoice thereof - ori
coffee in bags, two per cent, in bales, three per cent, in calks
twelve per cent.; on pepper in bales, five per cent. ca fc,
twelve percent. ; on sugars, other than loaf sugar, in casks, twelve
percent, in btjxes, fifteen percent. ; on all other goods, accord,
ing to the invoice thereof. Provided always, That the ori
ginal invoices Ai any of the said articles are produced, and the
tare or tares appear therein, it lhall be lawful, with the confer
or the importer or importers, consignee or conSgnees, tocftimattf
Lhc said tare or tares according to such invoice
And be it further enaQed, That there (hall bean allowance for
takage of two per cent, on the quantity which ihall appear by
the gtltge to be contained m any cafkofliquou fubj.fl to duty bf
{TO Bl CONTIHOID.)
The following incident lately occurred in one of the cylern Statet.
A French Gentleman, totally unacquainted with our lan 'iiaer.
f X ° eln S introduced to a circle of young ladies and gemTemcrt
fc/ VuTPI af ' erthe usual compliments had pa (Ted, h.
teJtcdh.mfelfbefide a beautiful young lady ; and, ben, n deprived
oftheiatistaft.onof converftng with her, his countenance how.
vc , ex.nened the fcntiinenti of his heart, he setting her hy the
hand lhe requeued h.m to be »fy , which he m.Lok for the
n'irth n (7 I.' bcga " kiir ' n S flcr - 'o the great
that thp 1 r W company The conference however was,
[Whole NO. I Si]