Page images

§ 5459. (Act May 26, 1906, c. 2556, § 5.) Arrest, etc., for deser

tion. It shall be lawful for the commanding officer of a vessel of the Revenue-Cutter Service to apprehend and arrest or cause to be apprehended and arrested, by the force under his command, a deserter from the Revenue-Cutter Service wherever found, and shall have authority to call upon all persons to assist in such arrests, and all persons so assisting are hereby invested with the power and authority of deputy United States marshals, and shall deliver the offender on board of the vessel from which he deserted: Provided, That a reward for the apprehension and delivery of a deserter from the RevenueCutter Service, as hereinbefore provided, not to exceed fifteen dollars, may be offered by the commanding officer of the vessel from which the person deserted, and this reward, or any part thereof, may be deducted and paid from money due said deserter: Provided, That no person who has deserted from the Revenue-Cutter Service shall afterwards be employed in said Service, or enlisted in any other military or naval service under the United States, unless he shall have delivered himself aboard the vessel from which he deserted, or been apprehended, and the disability shall have been removed by a board of commissioned officers of the said Service convened for a consideration of the case, and the action of the said board shall have been approved by the Secretary of the Treasury. (34 Stat. 201.) § 5460. (Act May 26, 1906, c. 2556, § 6.) Jurisdiction of civil au

thorities; offenses against discipline of service. The jurisdiction conferred by this Act for the punishment of offenses against the discipline of the Revenue-Cutter Service shall not be regarded as exclusive, but offenders may, in the discretion of the Secretary of the Treasury, be turned over to the civil authorities for trial by any court having jurisdiction of the offense. (34 Stat. 201.) § 5461. (Act May 26, 1906, c. 2556, § 7.) Jurisdiction of civil au

thorities; offenses against other laws. For offenses against the laws of the United States other than those specified in this Act, offenders shall be turned over to the civil authorities for trial.

Act May 26, 1906, c. 2556, & 7, 34 Stat. 201.


Entry of Merchandise Sec.

Sec. 5462. Definition of word "merchan 5467. Where foreign vessels may enter dise.”

and unlade. 5463. Definition of “port."

5468. Where vessels bound to ports of 5464. Definition of "master."

delivery only may enter. 5465. Departure from prescribed forms. 5469. Penalty for departing from port 5466. Where vessels from foreign ports

of arrival before making a remay enter and unlade.

port or entry.

Sec. 5470. Duty of making report on ar

rival. 5471. Special report of spirits and

wines. 5472. Exception as to goods destined

for foreign port; articles in bulk for places in district oth

er than port of entry. 5473. Bond before proceeding to for

eign port. 5474. Duty of collector as to such bond. 5475. Vessels may proceed to other dis

tricts. 5476. Copy of report and manifest,

with collector's certificate, re

quired. 5477. Report or entry in other districts

prescribed. 5478. Bond upon proceeding to another

district. 5479. Cancellation of bond. 5480. Penalty for omitting to procure

certificate. 5481. Requisites of an entry of goods

generally. 5482. Entry of packages contained in

packed packages of which no

invoice, etc., has been received. 5483. Declaration on entry of packages

contained in original package. 5484. Bond by agent, factor, etc.; can

cellation of bond; general bond by agent, factor, or

carrier. 5485. Entry when particulars are un

known. 5486. Custody when invoice is imper

fect. 5487. Vessel's papers to be produced to

collector. 5488. Public vessels need not enter. 5489. Ferry-boats need not enter; ves

sels making tri-weekly trips to foreign ports exempt from fees

and tonnage taxes. 5490. Enrolled or licensed vessels. 5491. Entry of spirits and wines. 5492. Sea-stores to be specified. 5493. Collection of duty on excess of

sea-stores. 5494. Forfeiture of sea-stores; trans

fer of sea-stores, etc., to other

vessels of same owner. 5495. Coal for steam-vessels. 5496. Baggage and tools. 5497. Bond that owner shall make oath

required from agent. 5498. Permit for baggage and tools. 5499. Penalty for concealing dutiable

articles in baggage. 5500. Entry, etc., of cigars.

Sec. *5501. Oaths, how taken. 5502. Oaths to be administered by

clerks and inspectors of cus

toms. 5503. Manifests of cargo required. 5504. What must be stated in mani

fest. 5505. Merchandise destined to different

ports or districts. 5506. Penalty for failure to have a cor

rect manifest. 5507. Except by accident or mistake. 5508. Production of manifest. 5509. Delivery of copies of manifest. 5510. What number of copies must be

delivered. 5511. Forfeiture for omitting to pro

duce manifest and deliver cop

ies. 5512. Making return of violations. 5513. Copy of manifest to be mailed to

Auditor for Treasury Depart

ment. 5514. Vessels bound for Natchez and

Vicksburg. 5515. Expenses of officer sent with ves

sel. 5516. Inspector to accompany vessel to

destination. 5517. Duties of master bound for Pe

tersburg or Richmond. 5518. What weights and measures used

in invoices. 5519. Merchandise deemed property of

consignee. 5520. Invoices; requisites. 5521. Invoices to be produced to con

sular officer; declaration to be

indorsed thereon. 5522. Entry without invoice, upon affi

davit and verified statement; books; bond for production of

invoice. 5523. Declaration to accompany in

voice on entry. 5524. Punishment for entry or intro

duction of goods by means of

false invoice, etc. 5525. Seizure of merchandise as secu

rity for fines, release on bond. 5526. Forfeiture for entry or introduc

tion of goods by means of false

invoice, etc. 5527. Addition to or deduction from in

voice value; additional duties;

forfeiture for undervaluation. 5528. Declaration on entry of consign

ments for sale. 5529. Invoices of goods from different consular districts.



Sec. 5530. Collectors and other officers not 5542. Quadruple invoices; indorsement; liable for rulings or decisions.

disposition; fees. 5531. Bribery of revenue officers or 5543. Change of destination. employees; evidence.

5544. Countries excepted from forego5532. Revenue officer or employee ac

ing provisions. cepting bribe; evidence.

5545. Restriction on consular certifi5533. Baggage in transit to foreign

cates. country.

5546. Consuls to exact proof of invoice. 5534. Laws applicable to Philippine Islands.

5547. To report fraudulent practices. 5535. Collector to take possession when

5548. Smuggling merchandise, or makinvoice is not correct.

ing or passing false invoice. 5536. Bond for production of invoice

5549. Custom-house bonds of partnerof goods of absent owner.

ships. 5537. Authentication in absence of con

5550. Custom-house brokers; license. sul.

5551. Revocation of license. 5538. Oath of representative.

5552. Review of decision revoking li5539. Oath where one of owners resides

cense. abroad.

5553. Regulations for carrying act into 5540. Certificate upon invoice.

effect. 5541. Indorsement upon invoice.

5554. Definition of "person.” § 5462. (R. S. $ 2766.) Definition of word "merchandise."

The word "merchandise," as used in this Title, may include goods, wares, and chattels of every description capable of being imported.

The word "ton" was defined by R. S. § 2951, post, $ 5636.

The word "person,” as used in Act June 10, 1910, c. 283, relating to licensing custom-house brokers, was defined by section 5 of that act, post, $ 5554.

The words "value," "actual market value," and "wholesale price” were defined by the Underwood Tariff Act of Oct. 3, 1913, c. 16, $ III, R, post, $

5599. § 5463. (R. S. $ 2767.) Definition of "port.”

The word "port," as used in this Title, may include any place from which merchandise can be shipped for importation, or at which merchandise can be imported. § 5464. (R. S. § 2768.) Definition of "master."

The word “master,” as used in this Title, may include any person having the chief charge or command of the employment and navigation of a vessel. § 5465. (R. S. § 2769.) Departure from prescribed forms.

In cases where the forms of official documents, as prescribed by this Title, shall be substantially complied with and observed, according to the true intent thereof, no penalty or forfeiture shall be incurred by a deviation therefrom.

Act March 2, 1799, c. 22, $ 111, 1.Stat. 704, § 5466. (R. S. $ 2770.) Where vessels from foreign ports may en

ter and unlade. It shall not be lawful to make entry of any vessel which shall arrive within the United States, from any foreign port, or of the cargo on board such vessel, elsewhere than at one of the ports of entry designated in chapter one of this Title; nor to unlade the cargo, or any part thereof, elsewhere than at one of the ports of delivery therein designated, except that every port of entry shall be also a

port of delivery. This section shall not prevent the master or commander of any vessel from making entry with the collector of any district in which such vessel may be owned, or from which she may, have sailed on the voyage from which she shall then have returned.:

Act March 2, 1799, c. 22, $ 18, 1 Stat. 639. Laws relating to customs duties were made applicable to vessels making voyages between the Philippine Islands and the United States by Act July 1, 1902, c. 1369, $ 84, ante, $ 3905.

This section may be superseded to some extent by the abolition of all ports of delivery not "mentioned as ports of entry," and the grant of authority to the Secretary of the Treasury to "cause to be stationed at places in the various collection districts, though not named as ports of entry, officers or employés of the customs with authority to enter and clear vessels," etc., by articles II and IX of the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, $ 5327.

Whenever, by reason of unlawful combination in opposition to the laws of the United States, duties cannot be collected in the ordinary way, they may be collected at a place in the district, other than the port of entry, on land or on board a vessel, or the port of entry may be closed, by R. S. $8 5314-5321, post, $8 10156-10163.

Provisions for preliminary entry of vessels before issue of special license to lade or unlade were made by Act Feb. 13, 1911, c. 46, $$ 1-4, post, $8 5559

5562. § 5467. (R. S. § 2771.) Where foreign vessels may enter and un

lade. Vessels which are not vessels of the United States shall be admitted to unlade only at ports of entry established by law; and no such vessel shall be admitted to make entry in any other district than in the one in which she shall be admitted to unlade.

Act March 2, 1799, c. 22, $ 18, 1 Stat. 639. Act April 24, 1816, c. 71, 3 Stat. 299. Act May 7, 1822, c. 107, § 2, 3 Stat. 693. Act Feb. 22, 1827, c. 21, 4 Stat. 206. Act Feb. 13, 1837, c. 13, 5 Stat. 146.

See notes to R. S. $ 2770, ante, & 5466. § 5468. (R. S. $ 2772.) Where vessels bound to ports of delivery

only may enter. The master of every vessel bound to a port of delivery only, in any district, shall first come to at the port of entry of such district, with his vessel, and there make report and entry in writing, and pay all duties required by law, port fees and charges, before such vessel shall proceed to her port of delivery. Any master of a vessel who shall proceed to a port of delivery contrary to such directions shall be liable to a penalty of five hundred dollars, to be recovered with costs of suit.

Act March 2, 1799, c. 22, § 19, 1 Stat. 640. Act May 10, 1800, c. 49, 8 4, 2 Stat. 68. Act Feb. 25, 1867, c. 82, § 1, 14 Stat. 411.

See notes to R. S. $ 2770, ante, $ 5466. § 5469. (R. S. § 2773.) Penalty for departing from port of arrival

before making a report or entry. If any vessel, having arrived within the limits of any collectiondistrict, from any foreign port, departs, or attempts to depart from the same, unless to proceed on her way to some more interior district to which she may be bound, before report or entry shall have been made by the master with the collector of some district, the

master shall be liable to a penalty of four hundred dollars; and any collector, naval officer, surveyor, or commander of any revenue-cutiter may cause such vessel to be arrested and brought back to the inòst convenient port of the United States. If, however, it is made to appear by the oath of the master, and of the person next in command, or by other sufficient proof to the satisfaction of the collector of the district within which such vessel shall afterward come, or to the satisfaction of the court in which the prosecution for such penalty may be had, that the departure or attempt to depart was occasioned by stress of weather, pursuit or duress of enemies, or other necessity, the penalty imposed by this section shall not be incurred.

Act March 2, 1799, c. 22, & 29, 1 Stat. 648. § 5470. (R. S. § 2774.) Duty of making report on arrival.

Within twenty-four hours after the arrival of any vessel, from any foreign port, at any port of the United States established by law, at which an officer of the customs resides, or within any harbor, inlet, or creek thereof, if the hours of business at the office of the chief officer of the customs at such port will permit, or as soon thereafter as such hours will permit, the master shall repair to such office, and make report to the chief officer, of the arrival of the vessel; and he shall, within forty-eight hours after such arrival, make a further report in writing, to the collector of the district, which report shall be in the form, and shall contain all the particulars required to be inserted in, and verified like, a manifest. "Every master who shall neglect or omit to make either of such reports and declarations, or to verify any such declaration as required, or shall not fully comply with the true intent and meaning of this section, shall, for each offense, be liable to a penalty of one thousand dollars.

Act March 2, 1799, c. 22, & 30, 1 Stat. 649.

Special provisions to facilitate the entry of steamships running in an established line in foreign trade, made by Act June 5, 1894, c. 92, § 1, 28 Stat. 85, and extended to steamships trading between Porto Rico and Hawaii and the United States by Act May 31, 1900, c. 600, 31 Stat. 249, were repealed by section 6 of Act Feb. 13, 1911, c. 46, the preceding sections of which act made more comprehensive provisions for preliminary entry of any vessel from a foreign port, and for the lading or unlading of such vessels at night. Said act is

set forth post, 88 5559-5562, 5571. § 5471. (R. S. § 2775.) Special report of spirits and wines.

The master of any vessel having on board distilled spirits, or wines, shall, within forty-eight hours after his arrival, whether the same be at the first port of arrival of such vessel or not, in addition to the requirements of the preceding section, report in writing to the surveyor or officer acting as inspector of the revenue of the port at which he has arrived, the foreign port from which he last sailed, the name of his vessel, his own name, the tonnage and denomination of such vessel, and to what nation belonging, together with the quantity and kinds of spirits and wines, on board of the vessel, particularizing the number of casks, vessels, cases, or other packages containing the same, with their marks and numbers, as also the quantity and kinds of spirits and wines, on board such vessel as sea-stores, and

« PreviousContinue »