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Sec. 23. And be it further enacted, That it shall be lawful for the Collector, or collector, or other officer of the customs, after entry made of any goods, suspecting
other officer, wares or merchandise, on suspicion of fraud, to open and examine, in the fraud, may open presence of two or more reputable merchants, any package or packages and examine hereof, and if upon such examination they shall be found to agree with packages. the entries, the officer making such seizure shall cause the same to be re-packed, and delivered to the owner or claimant forthwith, and the expense of such examination shall be paid by the collector, and allowed in the settlement of his accounts; but if any of the packages so examined be found to differ in their contents from the entry, and it shall appear that such difference hath been made with intention to defraud the revenue, then all the goods, wares or merchandise contained in such package or packages, shall be forfeited : Provided always, That if the owner or consignee of such goods as shall not be accompanied with the original invoice, should choose to wait the receipt of the invoice, in such case, the collector shall take into his possession all such goods, wares and merchandise, and store the same, at the expense and risk of the owner or consignee, until the invoice shall arrive, or until they agree to have the same valued.
Sec. 24. And be it further enacted, That every collector, naval officer Goods subject and surveyor, or other person specially appointed by either of them for to duty, and that purpose, shall have full power and authority, to enter any ship or to be searched vessel, in which they shall have reason to suspect any goods, wares or for, seized, and merchandise subject to duty shall be concealed; and therein to search secured. for, seize, and secure any such goods, wares or merchandise; and if they shall have cause to suspect
concealment thereof, in any particular dwelling-house, store, building, or other place, they or either of them shall, upon application on oath or affirmation to any justice of the peace, be entitled to a warrant to enter such house, store, or other place (in the day time only) and there to search for such goods, and if any shall be found, to seize and secure the same for trial; and all such goods, wares and merchandise, on which the duties shall not have been paid or secured, shall be forfeited.
Sec. 25. And be it further enacted, That all goods, wares and mer Collector to chandise which shall be seized by virtue of this act, shall be put into take custody of
goods seized. and remain in the custody of the collector, until such proceedings shall be had, as by this act are required, to ascertain whether the same have been forfeited or not; and if it shall be adjudged that they are not forfeited, they shall be forthwith restored to the owner or owners, claimant or claimants thereof. And if any person or persons shall conceal or
concealing or buy any goods, wares or merchandise, knowing them to be liable to
buying goods seizure by this act, such person or persons shall on conviction thereof, subject to duty. forfeit and pay a sum double the value of the goods so concealed or purchased. Sec. 26. And be it further enacted, That it shall be the duty of the
make seizure as several officers to be appointed or employed by virtue of this act, to well without as make seizure of, and secure any ship or vessel, goods, wares or mer- within their dischandise, which shall be liable to seizure by virtue of this act, as well trict. without, as within their respective districts.
Sec. 27. And be it further enacted, That if any officer or other person, executing, or aiding and assisting in the seizure of goods, shall be or molested may
plead this act. sued or molested for any thing done in virtue of the powers given by this act, or by virtue of a warrant granted by any judge or justice pursuant to law, such officer or other person may plead the general issue, and give this act in evidence; and if in such suit the plaintiff be nonsuited, or judgment pass against him, the defendant shall recover double cost; and in all actions, suits or informations to be brought, where any seizure shall be made pursuant to this act, if the property be claimed by any person, in every such case the onus probandi shall be upon such
claimant; and if any person shall forcibly resist, prevent, or impede
every offence be fined in a sum not exceeding four hundred dollars.
officer and surveyor, shall within three months after he enters upon the
States, and payable to the said United States, conditioned for the true
suant to this act, the fees and per centaye following, that is to say: To
tons burthen, having on board goods, wares and merchandise, subject Fees of col. to duty, one and a half dollars; on all vessels not having on board lectors, naval
officers and surgoods, wares and merchandise, subject to duty, two thirds of a dollar : veyors. all which fees shall be paid to the collector, by the master or owner of the ship or vessel in which the services are performed, and the said collector shall pay weekly to the surveyor the fees so received. To each inspector there shall be allowed for every day he shall be actually employed in aid of the customs, a sum not exceeding one dollar and twenty-five cents, to be paid by the collector out of the revenue, and charged to the public; to the measurers, weighers and gaugers respectively for their services, shall be allowed, and paid by the collector out of the revenue, for the measurement of every one hundred bushels of salt or grain, eighteen cents; for the measurement of every one hundred bushels of coal, twenty-five cents; for the weighing of every one hundred and twelve pounds, one cent; for the gauging of every cask, six cents. (There shall moreover be allowed to the collectors at each of the following ports, to wit: Boston, Salem and Beverly, New York, Philadelphia, Baltimore, Norfolk or Portsmouth, and Charleston, one half a per centum on the amount of all monies by them respectively received and paid into the treasury of the United States;) and to the collector at each of the other ports by this act established, one per centum on the amount of all monies by them respectively received and paid into the treasury of the United States. Every collector, naval To set up a ta. officer and surveyor, shall cause to be affixed, and constantly kept in ble of fees. some public and conspicuous place of his office, a fair table of the rates of fees, and duties demandable by law; and in case of failure herein, shall forfeit and pay one hundred dollars, to be recovered with costs, in any court having cognizance thereof, to the use of the informer; and if any officer of the customs shall demand, or receive any greater or Penalty for other fee, compensation or reward, for executing any duty or service demanding required of him by law, he shall forfeit and pay two hundred dollars for greater or other each offence, recoverable in manner aforesaid, for the use of the party grieved.
Sec. 30. And be it further enacted, That the duties and fees to be Rates of coins collected by virtue of this act, shall be received in gold and silver coin for receiving
duties and fees. only, at the following rates, that is to say, the gold coins of France, England, Spain and Portugal, and all other gold coin of equal fineness, at eighty-nine cents for every pennyweight. The Mexican dollar at one hundred cents; the crown of France at one dollar and eleven cents; the crown of England at one dollar and eleven cents; and all silver coins of equal fineness at one dollar and eleven cents per ounce.
Sec. 31. And be it further enacted, That all the drawbacks allowed Drawbacks, by law on the exportation of goods, wares and merchandise imported, shall be paid or allowed by the collector at whose office the said goods, where payable. wares and merchandise were originally entered, and not otherwise, retaining one per centum for the benefit of the United States.
Sec. 32. Provided always, and be it further enacted, That no goods, How to be al. wares or merchandise, entitled to drawback, shall be reladen before an lowed. entry shall be made with the collector of the port from whence such goods are intended to be exported; which entry shall contain a particular account of the casks and packages, their marks, numbers and contents, the cost thereof, the vessel or vessels in which they were imported, and the place or places imported from; and the person or persons intending to export such goods, shall give bond, with one or more sufficient sureties, that the same or any part thereof, shall not be relanded in any port or place within the limits of the United States, as settled by the late treaty of peace; and shall moreover make oath or affirmation as to the truth of the entry, that the goods, wares and merchandise, are in quantity, quality and value, as therein expressed, according to the inward
liable to action, judgment or suit, on account of such seizure or prosecution. Provided, That the ship or vessel, goods, wares or merchan
dise be after judgment forthwith returned to such claimant or claimants, Limitation. his or their agents. And provided, That no action or prosecution shall
be maintained in any case under this act, unless the same shall have been commenced within three years next after the penalty or forfeiture
was incurred. Vessels or Sec. 37. And be it further enacted, That all ships, vessels, goods, goods con wares or merchandise, which shall be condemned by virtue of this act, demned by vir. tue of this act, shall be sold by the proper officer of the court in which such condemhow to be sold, nation shall be had, to the highest bidder at public auction, by order of and by whom. such court, and at such place as the court may appoint, giving at least
fifteen days notice (except in case of perishable goods) in one or more of the public newspapers of the place where such sale shall be, or if no paper is published in such place, in one or more of the papers published
in the nearest place thereto. Appropriation Sec. 38. And be it further enacted, That all penalties, fines and of fines, penal. forfeitures, recovered by virtue of this act (and not otherwise approprities, and for. feitures. ated), shall, after deducting all proper costs and charges, be disposed
of as follows: One moiety shall be for the use of the United States, and paid into the treasury thereof; the other moiety shall be divided into three equal parts, and paid to the collector, naval officer and surveyor of the district wherein the same shall have been incurred; and in such districts where only two of the aforesaid officers shall have been established, the said moiety shall be equally divided between them; and in such districts where only one of the aforesaid officers shall have been established, the said moiety shall be given to such officer : Provided nevertheless, That in all cases where
such penalties, fines and forfeitures shall be recovered in pursuance of information given to such collector, by any person, other than the said naval officer and surveyor, the one half of such moiety shall be given to the informer, and the remainder thereof shall be disposed of between the collector, naval officer and surveyor, in manner and form as above limited and ex
pressed. Rhode Island And whereas, The States of Rhode Island and Providence Plantaand N. Carolina. Act of Sept.
tions, and North Carolina, have not as yet ratified the present Constitu16, 1789, ch. 15, tion of the United States, by reason whereof this act doth not extend sec. 2.
to the collecting of duties within either of the said two States, and it is A Goof Feb. thereby become necessary that the following provision with respect to 8, 1790, ch. 1.
goods, wares or merchandise imported from either of the said two States
should for the present take place :(a) Goods import
Sec. 39. Be it therefore further enacted, That all goods, wares and to same duties merchandise not of their own growth or manufacture, which shall be as from foreign imported from either of the said two States of Rhode Island and Provicountries.
dence Plantations, or North Carolina, into any other port or place within the limits of the United States, as settled by the late treaty of peace, shall be subject to the like duties, seizures and forfeitures, as goods, wares or merchandise imported from any State or country without the said
limits. Dutiable goods Sec. 40. And be it further enacted, That no goods, wares or mergrowth, brought chandise of foreign growth or manufacture, subject to the payment of to the Ú. States, duties, shall be brought into the United States, in any other manner except by sea, than by sea, nor in any ship or vessel less than thirty tons burthen, exvessels, subject cept within the district of Louisville, and except also in such vessels as to forfeiture. are now actually on their voyages ; nor shall be landed, or unladen, at
any other place than is by this act directed, under the penalty of seizure
(a) North Carolina adopted the Constitution by a convention called in November 1789. Rhode Island, by a convention held in May 1790, assented to the Constitution.
and forfeiture, of all such vessels, goods, wares or merchandise, brought in, landed, or unladen in any other manner. And all goods, wares and merchandise brought into the United States by land, contrary to this act, shall be forfeited, together with the carriages, horses, and oxen, that shall be employed in conveying the same.
APPROVED, July 31, 1789.
Chap. VI.-- An Act for settling the Accounts between the United States and Aug. 5, 1789.
individual Slates.(a) Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the
the board of President of the United States be, and he hereby is empowered to
commissioners, nominate, and by and with the advice and consent of the Senate, to how to be supappoint such person or persons as he may think proper for supplying plied. any vacancy that now is, or may hereafter take place in the Board of Commissioners, established by an ordinance of the late Congress, of the seventh of May, one thousand seven hundred and eighty-seven, to carry into effect the said ordinance and resolutions of Congress, for the settlement of accounts between the United States and individual States.
Sec. 2. And be it further enacted, That the said Board of Commis Clerks to be sioners be, and they hereby are empowered to appoint a chief clerk, appointed, and such other clerks as the duties of their office may require; and that the pay of the said chief clerk be six hundred dollars per annum,
their salaries, and of each other clerk four hundred dollars per annum.
APPROVED, August 5, 1789.
Chap. VII.-An Ad to establish an Executive Department, to be denominaled
Aug. 7, 1789. the Department of War.) Section 1. Be it enacted by the Senate and House of Representa 1798, ch. 35. tives of the United States of America in Congress assembled, That there
(a) See act of August 5, 1790, chap. 38. (b) An Ordinance for ascertaining the Powers and Duties of the Secretary at War. Be it ordained by the United States in Congress assembled, That the powers and duty of the Secretary at War shall be as follows, to wit: To examine into the present state of the war department, the returns and present state of the troops, ordnance, arms, ammunition, clothing and supplies of the troops of these Siates, and report the same to Congress : to keep exact and regular returns of all the forces of these States, and of all the military stores, equipments and supplies in the magazines of the United States, or in other places for their use; and to receive into his care, from the officers in whose posses. sion they may be, all such as are not in actual service : to form estimates of all such stores, equipments and supplies as may be requisite for the military service, and for keeping up competent magazines, and to report the same to the commissioners of the treasury of the United States, that measures may be taken in due time for procuring the same: to prepare estimates for paying and recruiting the troops of these United States : to carry into effect all ordinances and resolves of Congress for raising and equipping troops for the service of the United States, and for inspecting the said troops; and to direct the arrangement, destination and operation of such troops as are or may be in service, subject to the orders of Congress or of the committee of the States in the recess of Congress: to make out, seal and coun. tersign the commissions of all such military officers as shall be employed in the service of the United States : to take order for the transportation, safe keeping and distributing the necessary supplies for such troops and garrisons as may be kept up by the United States. He shall appoint and remove at pleasure all persons employed under him, and shall be responsible for their conduct in office; all which appoint. ments shall be immediately certified to Congress, and such certificate, or the substance thereof, registered in a book to be kept for that purpose in the office of the secretary of Congress. He shall keep a public and convenient office in the place where Congress shall reside. He shall, at least once a year, visit all the magazines and deposits of public stores, and report the state of them with proper arrangements to Congress; and shall twice a year, or oftener if thereto required, settle the accounts of his department. That as well the Secretary at War as his assistants or clerks, before they shall enter on the duties of their office, shall respectively take and subscribe an oath or affirmation of fidelity to the United States, and for the faithful execution of the trust reposed in them; and which oaths or affirmations shall be adminis. tered by the secretary of Congress, and a certificate thereof filed in his office. The oath of fidelity shall be in the words following: “Í, A. B. appointed to the office of
do acknowledge that Vol. I.-7