SECTION V. Of the Collector, Naval Officer, and Surveyor, &c. ART. 2003. The collectors, naval officers, and surveyors, shall, respectively, attend in person at the ports to which they are respectively assigned; and shall keep fair and true accounts and records of all their transactions, as officers of the customs, in such manner and form as may, from time to time, be directed by the proper department, or officer having the superintendence of the collection of the revenue of the United States; and shall, at all times, submit their books, papers, and accounts, to the inspection of such persons as may be appointed for that purpose.(a) 2004. Every collector, naval officer, and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may, respectively, exercise and perform their several functions, by deputy, duly constituted under their hands and seals, respectively, for whom, in the execution of their trust, they shall, respectively, be answerable: In case of the disability or death of a collector, his duties and powers shall devolve on his deputy, if any there be, for whose conduct the estate of such disabled or deceased collector shall be liable; and in defect of a deputy, upon the naval officer of the district, if any there be; and if there be no naval officer, upon the surveyor of the port appointed for the residence of such disabled or deceased collector, if any there be, and if none, upon the surveyor of the port nearest thereto and within such district: In case of the disability or death of a surveyor, the collector of the district may nominate some fit person to perform his duties and exercise his authorities; and the authorities of the persons who may be empowered to act in the stead of those who may be disabled or dead, shall continue until successors shall be duly appointed, and ready to enter upon the execution of their respective offices. See article 1997. 2005. Any collector, naval officer, surveyor, or inspector of the customs, as well in an adjoining district as that to which he belongs, may enter on board, search, and examine, any ship, vessel, boat, or raft, and if he shall find on board thereof any goods, which he shall have probable cause to believe are subject to duty, the payment of which is intended to be evaded, or have been imported into the United States in any manner contrary to law, he shall seize and secure them for trial.(c) 2006. Either of such officers as well in an adjoining district as that to which he belongs, may stop, search, and examine, any carriage or vehicle, of any kind whatsoever, and stop any person travelling on foot, or beast of burden, on which he shall suspect there are goods subject to duty, or which have been introduced into the United States contrary to law; and if such officer shall find any goods on any such carriage, vehicle, person travelling on foot, or beast of burden, which he shall have probable cause to believe are subject to duty, or have been unlawfully introduced into the United States, he shall seize and secure them for trial. And if such officer shall suspect that any goods which are subject to duty, or have been introduced into the United States contrary to law, are concealed in any particular dwelling house, store, or other building; he shall, upon proper application, on oath, to any judge or justice of the peace, be entitled to a warrant, directed to such officer, who is hereby authorized to serve the same, to enter such house, store, or other building, in the day time only, and there to search and examine whether (a) Act 2d March, 1799, sec. 21 (5) Ibid. scc. 22. (c) Act 3d March, 1815, sec. I. there are any such goods, and if, on such search or examination, any such goods be found, which there shall be probable cause, for the officer making such search or examination, to believe are subject to duty, or have been unlawfully introduced into the United States, be shall seize and secure them for trial: Provided always, That the necessity of a search warrant, arising under this act, shall in no case be considered as applicable to any carriage, wagon, cart, sleigh, vessel, boat, or other vehicle, of whatever form or construction, employed as a medium of transportation, or to packages on any animal or animals, or carried by man on foot.(a) 2007. Any collector, naval officer, surveyor, or inspector, when proceeding to make such search or seizure, authorized, may command any person who shall be within ten miles of the place where such search or seizure shall be made, to aid and assist such officer in the discharge of his duty therein; and any person, being so commanded, shall neglect or refuse to aid and assist such officer in making such search or seizure, the person so neglecting or refusing shall forfeit and pay a sum not exceeding two hundred dollars, and not less than fifty dollars. Such officer may also demand, in cases of resistance, the assistance of the marshal of the district or any of his deputies, who shall call upon the posse of the district, if necessary, in his or their judgment, to render effectual the execution of this act; and all citizens or inhabitants of the district, above the age of eighteen years, and able to travel, who refuse or neglect, upon proper notice from the marshal, or any of his deputies, to join such posse, shall be considered guilty of a misdemeanor, and be liable to be fined in any sum not exceeding three hundred dollars, and be imprisoned for any term not exceeding three months.(b) 2008. The several officers of the customs shall make seizure of, and secure, any vessel, or goods, which shall be liable to seizure by virtue of any act of the United States, respecting the revenue, as well without, as within, their respective districts.(c) 2009. Any officer of the revenue may go on board of any vessel, whether she be within or without his district, and the same inspect, search, and examine, and, if it shall appear that any breach of the laws of the United States has been committed, whereby such vessel, or the goods, on board, or any part thereof, are liable to forfeiture, may make seizure of the same.(d) 2010. If any person shall assault, resist, obstruct, or hinder, any officer in the execution of this act, or of any other act or law of the United States, herein mentioned, or of any of the powers or authorities vested in him by this act, or any other act or law, as aforesaid, all and every person and persons so offending, shall, for every such offence, for which no other penalty is particularly provided, forfeit five hundred dollars.(e) 2011. In every case where a forfeiture of any vessel, or of any goods, shall accrue, it shall be the duty of the collector, or other proper officer, who shall give notice of the seizure of such vessel or goods, to insert in the same advertisement, the name or names, and the place or places of residence, of the person or persons to whom such vessel or goods belonged, or were consigned, at the time of such seizure, if the same be known to him.(f) 2012. Every collector, naval officer, and surveyor, shall cause to be (a) Act 3d March, 1815, sec. 2. (b) Ibid. sec. 4. (e) Act 2d March, 1799, sec. 70. (d) Act 18th Feb. 1793, sec. 27. (e) Ibid. sec. 31. (f) Ibid. sec. 28. affixed, and constantly kept, in some public and conspicuous place of his office, a fair table of the rates of fees and duties demandable by law, and shall give a receipt for the fees he shall receive, specifying the particulars, whenever required so to do; and in case of failure therein, shall forfeit and pay one hundred dollars, to be recovered, with costs, in any proper court having cognizance thereof, to the use of the informer: and if any 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 by law, he shall forfeit and pay two hundred dollars for each offence, recoverable, in manner aforesaid, for the use of the party aggrieved. If any inspector, gager, weigher, or measurer, shall receive any gratuity, fee, or reward, for any services performed, other than is by law allowed, or if any gager, weigher, or measurer, employed as such by the public, in the districts of Portsmouth, Salem and Beverly, Boston and Charlestown, Providence, New York, Philadelphia, Baltimore, Norfolk and Portsmouth, or Charleston, shall gage, weigh, or measure, any article or articles, other than shall be directed by the proper officer, in order to ascertain the duties to be received, or the drawbacks to be allowed thereon, or shall make a return of the weight, gage, or measure, of any merchandise laden, or to be laden, on board any vessel, for the benefit of drawback upon exportation, without having actually weighed, gaged, or measured the same, as the case may require, after such merchandise shall have been notified to the collector and entered for exportation, they shall, for the first offence, forfeit and pay the sum of fifty dollars, and for the second offence forfeit two hundred dollars, and be discharged from the public service; and if any inspector, or other officer of the customs, shall certify the shipment of any merchandise entitled to drawback on exportation, without having duly inspected and examined the same, after he shall have received the permit for lading such merchandise, or if the amount of such drawback shall be estimated according to weight, gage, or measure, until such merchandise shall be first weighed, gaged, or measured, as the case may require, he shall be subject to the like forfeitures, and be discharged from the public service.(a) 2013. No officer of the customs, or other person employed under the authority of the United States, in the collection of the duties on imports and tonnage, shall own, either in whole or in part, any vessel, or act as agent, attorney, or consignee, for the owner of any vessel, or of any cargo, or lading on board thereof; nor shall any officer of the customs, or other persons employed in the collection of the duties import, or be concerned, directly or indirectly, in the importation of any goods, for sale in the United States, on penalty that every person so offending, and being thereof convicted, shall forfeit and pay the sum of five hundred dollars.(b) 2014. If any officer of the customs shall, directly or indirectly, take or receive any bribe, reward, or recompense, for conniving, or shall connive, at any false entry of any vessel, or of any goods, and shall be convicted thereof, he shall forfeit and pay a sum not less than two hundred, nor more than two thousand, dollars, for each offence; and any person giving or offering any bribe, recompense, or reward, for any such deception, collusion, or fraud, shall forfeit and pay a sum not less than two hundred dollars, nor more than two thousand dollars, for each offence; and in all cases where an oath or affirmation is by this act required, from a master or other person having the command of a vessel, (b) Ibid, sec. 96. (a) Act 2d March, 1799, sec. 73. or from an owner or consignee of any goods, his or their factor or agent, and generally, whenever an oath or affirmation is required from any person, by virtue of the revenue laws, if the person so swearing or affirming shall swear or affirm falsely, he shall, on indictment and conviction thereof, be liable to the same pains and penalties prescribed for persons convicted of wilful and corrupt perjury.(a) SECTION VI. of Weighers and Gagers. ART. 2015. The weighers, gagers, and measurers, employed in the service of the revenue, shall, within three days after any vessel is discharged, make returns of the articles by them respectively weighed, gaged, or measured, out of such vessel.(b) For form of the return see appendix No. II. 22. SECTION VII. Of Revenue Cutters. ART. 2016. The president, for the better securing the collection of the duties imposed on goods, imported into the United States, and on the tonnage of vessels, may cause to be built and equipped, so many revenue cutters, not exceeding twelve, as may be necessary to be employed for the protection of the revenue, the expense whereof shall be paid out of the product of the duties on goods imported into the United States, and on the tonnage of ships or vessels.(c) 2017. There shall be, to each of the revenue cutters, one captain, or master, and not more than three lieutenants, or mates, first, second, and third, and not more than seventy men, including noncommissioned officers, gunners, and mariners. The secretary of the treasury may cause contracts to be made, for the supply of rations, for the officers and men of the revenue cutters. Such cutters shall, whenever the president shall direct, co-operate with the navy of the United States; shall be under the direction of the secretary of the navy, and the expenses thereof shall be de frayed by the agents of the navy department.(d) 2018. The officers of the revenue cutters shall be apppointed by the president, and shall, respectively, be deemed officers of the customs, and shall be subject to the direction of such collectors of the revenue, or other officers thereof, as, from time to time, shall be designated for that purpose; they shall go on board all vessels which shall arrive in the United States, or within four leagues of the coast thereof, if bound for the United States, and search and examine the same, and every part thereof, and demand, receive, and certify, the manifests required to be on board certain vessels, and afbx and put fastenings on the hatches. and other communications with the hold of any vessel, and to remain on board said vessels until they arrive at the port or place of their destination. The master, or other person having at any time the command of any of the revenue cutters, shall make a weekly return to the collector, or other officer of the district under whose direction he is placed, of the transactions of the cutter under his command, specifying therein the vessels that have been boarded, their names and descriptions, the (a) Act 2d March, 1799, sec. 88. (b) Ibid. sec. 72. (c) Ibid. sec. 97.-Act 6th Jan. 1809. (d) Act 2d March, 1799, sec. 98. names of the masters, and from what port or place they last sailed, whether laden or in ballast, whether vessels of the United States, or to what other nation belonging, and whether they have the necessary manifest or manifests of their cargoes on board; and generally, all such matters as it may be necessary for the collectors, or other officers of the customs, to be made acquainted with; and the officers of the cutters shall, likewise, execute and perform such other duties, for the collection and security of the revenue, as from time to time, shall be enjoined and directed by the secretary of the treasury, not contrary to law. (a) 2019. The president may cause other revenue cutters to be built or purchased, in lieu of such as are, or shall, from time to time, become unfit for further service; such as are so become unfit for further service, to be sold at public auction, and the proceeds of such sales to be paid into the treasury of the United States. And the expense of purchasing other cutters, as aforesaid, as well as future expenses of building, purchasing, or repairing, revenue cutters, shall be paid out of the product of the duties on goods imported into the United States, and on the tonnage of vessels.(b) 2020. The collectors of the respective districts may, with the approbation of the secretary of the treasury, provide and employ such small open row and sail boats, in each district, together with the number of persons to serve in them, as shall be necessary for the use of the surveyors and inspectors in going on board of vessels, and otherwise for the better detection of frauds; the expense of which shall be defrayed out of the product of the duties.(c) 2021. The cutters and boats, employed in the service of the revenue, shall be distinguished from other vessels by an ensign and pennant, with such marks thereon as shall be prescribed and directed by the president; and, in case any vessel, liable to seizure or examination, shall not bring to, on being required, or, being chased by any cutter or boat, having displayed the pennant and ensign prescribed for vessels in the revenue service, it shall be lawful for the master, having command of such cutter, or boat, to fire at, or into, such vessel which shall not bring to, after such pennant and ensign shall be hoisted, and a gun shall have been fired by such cutter or boat as a signal; and such captain, master, or other person, as aforesaid, and all persons acting by or under his direction, shall be indemnified from any penalties, or actions for damages, for so doing; and if any person shall be killed or wounded by such firing, and the captain, master, or other person aforesaid, shall be prosecuted, or arrested therefor, such captain, master, or other person, shall be forthwith admitted to bail. And if any vessel or boat, not employed in the service of the revenue, shall, within the jurisdiction of the United States, carry or hoist any pennant or ensign prescribed for vessels in the service aforesaid, the master or commander of the vessel so offending, shall forfeit and pay one hundred dollars.(d) SECTION VIII. ART. 2022. For the appraisement of goods, required by any acts concerning imports and tonnage, the president shall, by and with the advice and consent of the senate, appoint, in each of the ports of Boston, New (a) Act 2d March, 1799. sec. 99. (b) Ibid. sec. 100. (c) Ibid. sec. 101. |