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CHAPTER TWO

Clearance and Entry Sec.

Sec. 7789. Granting clearances.

7802. Delivery of papers by foreign con7790. Oath of master.

sul, 7791. Form of manifest.

7803. Statement of consular services 7792. Manifests of shippers.

performed without fee to be fil7793. Form of clearance.

ed with collector. 7794. State inspection laws.

7804. Pleasure yachts; license; entry 7795. Conveyance of bullion, coin, etc.,

and clearance; restrictions. for the United States.

7805. Bond not required of pleasure 7796. Clearance of vessel laden with

yacht. live-oak.

7806. Penalty for violation of act. 7797. Payment of fees on vessels out 7807. Signals of yachts. ward bound.

7808. Yachts belonging to foreign yacht7798. Copy of rates of consular fees to

clubs; reciprocal exemption froin be annexed to clearance.

charges, tonnage taxes, etc.; li7799. Steamboats on Lake Champlain.

censes. 7800. Production and deposit of papers

7809. Commissions to yachts. of foreign vessels.

7810. Entry of yachts on return from 7801. Exception in certain cases.

foreign countries; manifest of

dutiable articles. § 7789. (R. S. $ 4197.) Granting clearances.

The master or person having the charge or command of any vessel bound to a foreign port, shall deliver to the collector of the district from which such vessel is about to depart, a manifest of all the cargo on board the same, and the value thereof, by him subscribed, and shall swear to the truth thereof; whereupon the collector shall grant a clearance for such vessel and her cargo, but without specifying the particulars thereof in the clearance, unless required by the master or other person having the charge or command of such vessel so to do. If any vessel bound to a foreign port departs on her voyage to such foreign port without delivering such manifest and obtaining a clearance, as hereby required, the master or other person having the charge or command of such vessel shall be liable to a penalty of five hundred dollars for every such offense.

Act March 2, 1799, c. 22, $ 93, 1 Stat. 698.

The provisions of this section, and of R. S. $S4198–4200, post, $$ 77907792, are extended to and govern in the trade between the United States and Hawaii, Porto Rico, Alaska, the Philippine Islands, Guam, and its other noncontiguous territory, and in the trade conducted between said islands and territory, and in shipments from said islands or territory to other parts of the United States, by Act April 29, 1902, c. 637, ante, $ 3523.

The laws relating to entry, clearance, and manifests of vessels arriving from or going to foreign ports, contained in this chapter, were made applicable to voyages each way between the Philippine Islands and the United States, and the possessions thereof, by a provision of Act July 1, 1902, c. 1369, § 84, ante, $ 3905.

The refusal of clearance papers to and the forfeiture of vessels about to depart for a foreign or domestic port, laden with merchandise, any part of which is intended for any such port in possession or under control of insurgents against the United States, were provided for by R. S. $ 5320, post, $ 10162; and a bond may be required of vessels about to depart for ports in

possession or under control of insurgents against the United States, conditioned that none of the cargo of the vessel shall be used in affording aid or comfort to any person or parties in insurrection against the United States,

by R. S. § 5321, post, 10163. § 7790. (R. S. § 4198.) Oath of master.

The oath to be taken by the master or commander of the vessel shall be as follows:

District of I, (insert the name), master or commander of the insert the denomination and name of the vessel), bound from the port of (insert the name of the port or place sailing from) to (insert the name of the port or place bound to), do solemnly, sincerely, and truly swear (or affirm, as the case may be that the manifest of the cargo on board the said (insert denomination and name of the vessel), now delivered by me to the collector of this district, and subscribed with my name, contains, according to the best of my knowledge and belief, a full, just, and true account of all the goods, wares, and merchandise now actually laden on board the said vessel, and of the value thereof; and if any other goods, wares, or merchandise shall be laden or put on board the said insert denomination and name of vessel) previous to her sailing from this port, I will immediately report the same to the said collector. I do also swear (or affirm) that I verily believe the duties on all the foreign merchandise therein specified have been paid or secured, according to law, and that no part thereof is intended to be relanded within the United States, and that if by distress or other unavoidable accident it shall become necessary to reland the same, I will forthwith make a just and true report thereof to the collector of the customs of the district wherein such distress or accident may happen. So help me God.

Act March 2, 1799, c. 22, § 93, 1 Stat. 698.'

See notes to R. S. § 4197, ante, $ 7789. § 7791. (R. S. § 4199.) Form of manifest.

The form of the report and manifest to be delivered to the collector shall be as follows: Report and manifest of the cargo laden at the port of

on board master, bound for

the

port

Marks.

Numbers.

Packages or arti. Contents or quan-
cles in bulk.

tities.

Value at the port of exportation.

Act March 2, 1799, c. 22, § 93, 1 Stat. 698.

See notes to R. S. § 4197, ante, 8 7789. § 7792. (R. S. § 4200.) Manifests of shippers.

Before a clearance shall be granted for any vessel bound to a foreign port, the owners, shippers, or consignors of the cargo of such vessel shall deliver to the collector manifests of the cargo, or the parts thereof shipped by them respectively, and shall verify the same by oath. Such manifests shall specify the kinds and quantities of the

articles shipped respectively, and the value of the total quantity of each kind of articles; and the oath to each manifest shall state that it contains a full, just, and true account of all articles laden on board of such vessel by the owners, shippers, or consignors, respectively, and that the values of such articles are truly stated, according to their actual cost, or the values which they truly bear at the port and time of exportation. And before a clearance shall be granted for any such vessel, the master of that vessel, and the owners, shippers, and consignors of the cargo, shall state, upon oath, to the collector, the foreign port or country in which such cargo is truly intended to be landed. The oaths shall be taken and subscribed in writing.

Act Feb. 10, 1820, c. 11, $ 11, 3 Stat. 542.

An oath may be required of the master of a vessel departing for a foreign port, as a condition of clearance, that he has not received on board, and will not receive or convey, any letter or packet not regularly received from the post-office, by R. S. § 3987, ante, $ 7472.

See, also, notes to R. S. & 4197, ante, $ 7789. § 7793. (R. S. § 4201.) Form of clearance,

The form of a clearance, to be granted to a ship or vessel on her departure to a foreign port or place, shall be as follows: District of

, SS, Port of These are to certify all whom it doth concern, that master or commander of the

burden tons, or there abouts, mounted with guns, navigated with

men, built, and bound for having on board hath here entered and cleared his said vessel according to law. Given under our hands and seals, at the custom-house of

day of one thousand

and in the year of the Independence oí the United States of America.

Act March 2, 1799, c. 22, $ 93, 1 Stat. 699. § 7794. (R. S. § 4202.) State inspection laws.

The collectors and other officers of the customs shall pay due regard to the inspection laws of the States in which they may respectively act, in such manner that no vessel having on board goods liable to inspection shall be cleared until the master, or other proper person, shall have produced such certificate that all such goods have been duly inspected, as the laws of the respective States may require to be produced to collectors or other officers of the customs.

Act March 2, 1799, c. 22, § 93, 1 Stat. 699.

(R. S. § 4203. Repealed.) This section provided for the compulsory conveyance by all vessels belonging to citizens of the United States of the mails between United States ports and foreign ports. It was repealed by Act June 26, 1884, c. 121, $ 23, which also repealed R. S. § 3976, which contained provisions similar to those of this

section, and R. S. § 4212. § 7795. (R. S. § 4204.) Conveyance of bullion, coin, etc., for the

United States. All vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United

, this

States, shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice-consul, or commercial or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination; and shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business.

Act July 4, 1864, c. 249, § 10, 13 Stat. 392. § 7796. (R. S. § 4205.) Clearance of vessel laden with live-oak.

Collectors of the collection-districts within the States of Florida, Alabama, Mississippi, and Louisiana, before allowing a clearance to any vessel laden in whole or in part with live-oak timber, shall ascertain satisfactorily that such timber was cut from private lands, or, if from public lands, by consent of the Department of the Navy.

Act March 2, 1833, c. 67, § 3, 4 Stat. 647.

R. S. § 2463, ante, $ 4982, contains a provision similar to this section. § 7797. (R. S. § 4206.) Payment of fees on vessels outward bound.

Previous to a clearance being granted to any vessel, outward bound, the legal fees which shall have accrued on such vessel shall be paid at the offices where such fees are respectively payable; and receipts for the same shall be produced to the collector or other officer whose duty it may be to grant clearances, before a clearance is granted.

Act March 3, 1797, c. 9, § 5, 1 Stat. 503. Act March 2, 1799, c. 22, § 93, 1 Stat. 699.

The collection of certain fees by collectors or other officers of customs, or by inspectors of steam-vessels, or by shipping commissioners for certain services to vessels, was abolished by Act June 19, 1886, c. 421, § 1, as amended by Act April 4, 1888, c. 61, § 2, post, § 8138, with the proviso, however, that collectors or other officers of customs, inspectors of steam-vessels, and shipping commissioners, who are paid wholly or partly by fees, should make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, and that the Secretary should allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of the act, and also such compensation to clerks of shipping commissioners and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steamboat inspection laws, and for expenses of steamboat inspectors provided for by section 4461, post, $ 8222, as would have been paid them had not the act been passed, provided that such services were, in the opinion of the Secretary,

necessarily rendered. § 7798. (R. S. § 4207.) Copy of rates of consular fees to be an

nexed to clearance. Whenever any clearance is granted to any vessel of the United States, duly registered as such, and bound on any foreign voyage, the collector of the district shall annex thereto, in every case, a copy of the rates or tariffs of fees which diplomatic and consular officers

are entitled, by the regulations prescribed by the President, to receive for their services.

Act Aug. 18, 1856, c. 127, § 16, 11 Stat. 57.

The master or commander of a vessel of the United States was required to pay the fees for consular services rendered, and consular officers were authorized to retain in their possession all the papers of the vessel deposited with them as directed by law, until payment is made of all demands and wages

on account of such vessel, by R. S. § 1718, ante, $ 3175. $ 7799. (R. S. § 4208.) Steamboats on Lake Champlain.

The master or person having charge or command of any steamboat on Lake Champlain, when going from the United States into the province of Quebec, may deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her cargo shall have been taken on board.

Act March 3, 1817, c. 109, $ 3, 3 Stat. 396. Act May 6, 1822, c. 56, § 4, 3 Stat. 681. § 7800. (R. S. § 4209.) Production and deposit of papers of foreign

vessels. The register, or other document in lieu thereof, together with the clearance and other papers granted by the officers of the customs to any foreign vessel, at her departure from the port from which she may have arrived, shall, previous to entry in any port of the United States, be produced to the collector with whom such entry is to be made. It shall be the duty of the master, within forty-eight hours after such entry, to deposit the papers with the consul or vice-consul of the nation to which the vessel belongs, and to deliver to the collector the certificate of such consul or vice-consul that the papers have been so deposited. Every master who fails to comply with this regulation shall be punishable by a fine of not less than five hundred dollars, nor more than two thousand dollars.

Act March 3, 1817, c. 40, § 1, 3 Stat. 362. § 7801. (R. S. § 4210.) Exception in certain cases.

The preceding section shall not extend to the vessels of foreign nations in whose ports American consuls are not permitted to have the custody and possession of the register and other papers of vessels entering the ports of such nation.

Act March 3, 1817, c. 40, § 1, 3 Stat. 362. § 7802. (R. S. § 4211.) Delivery of papers by foreign consul.

It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register and other papers deposited with him pursuant to the provisions of the preceding section, until such master shall produce to him a clearance in due form from the collector of the port where such vessel has been entered. Any consul offending against the provisions of this section shall be fined not less than five hundred dollars, nor more than five thousand.

Act March 3, 1817, c. 40, § 2, 3 Stat. 362. Act Aug. 23, 1942, c. 188, $ 3, 5 Stat. 517.

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