Page:United States Statutes at Large Volume 18 Part 1.djvu/631

 Trrna xxxiv.—(JOLLEC1`ION OF DUTIES.——Ch. 5. 559 year, in progressive numbers for each of the articles; also the port of importation, the name of the vessel, and the surname of the master; also each kind of spirits or wines, for which different rates of dutv are or shall be impose, the number of gallons in each cask or case; and the rate of proof 1f spirits; also the name of the surveyor or chief officerof inspection for the port, and the date of importation; of all which particulars the chief officers of inspection shall keep fair and correct accounts, in books to be provided for that purpose. Sec. 2886. On the sale of any cask, vessel, or case, which has been or Obli*¤’¤*i0¤ Of shall be marked as containing distilled s irits or wines, and which has '“‘“kS· ,é been emptied of its contents, and prior to the deliverythereof to the ur· 2 Mar., 1799, r-. chaser, or any removal thereof, the marks and humbers, which shall have 22» B- 44»"· li P·660· been set thereon by or under the direction of any officer of ins ,ction, shall be defaced and obliterated in the presence of some officer ofpihspection or of the customs, who shall, on due notice being given, attend for that purpose, at which time the certificate which ought to accompany such chest, vessel, or case, shall also be returned and canceled. Every person who shall obliterate, counterfeit, alter, or deface any mark or number placed by an officer of inspection upon any cask, vessel, or case, containing disti led spirits or wines, or any certificate thereof; or who shall sell or in any way alienate or remove any cask, vessel, or case, which has been emptied of its contents, before the marks and numbers, set thereon pursuant to the provisions of the preceding section, shall have been deaced or obliterated, in presence of an officer of inspection; or who shall neglect or refuse to deliver the certificate issued to accompany the cask, chest, vessel, or case, of which the marks and numbers shall have been defaced or obliterated in manner aforesaid, on being thereto required by an officer of inspection or of the customs, shall for every such offense be _liable to a penalty of one hundred dollars, with costs of suit. Sec. 2887. lf any package whatever which has been so reported is Forfeiture of wanting, and not found on board such vessel, or if the merchandise on <>m}W*d<>F¥¤i¤¤i¥}8 board such vessel does not otherwise agree with the report or manifest ;,";§L‘iS;1;’g§‘;{‘& delivered by the master of any such vessel, in every such case the mas- m;,,mk,,_ ter shall be liable to a penalty of five hundred dollars; excelpt that if it -;vI—-—?~—— is made to appear to the satisfaction of the collector, nava officer, and 22 S 5?r\g’]1?9é7§‘ surveyor, or to the major part of them where those officers are estab- lished at any port, or to the satisfaction of the collector alone where IU-     §,a*L‘ neither of the others is established, or in case of trial for the enalty, to gmég égg M ‘ the satisfaction of the court, that no part whatever of mercihandise of" ` such vessel has been unshi ped, landed, or unladen since it was taken on board, except as specit"ied)1n the report or manifest, and pursuant to permits, or that the disa reement is by accident or mista e, in such case the penaltv shall notie indicted. ut in all such cases the master of any vessel shall be required and shall make a post entry or addition to the report or manifest by. him delivered of any and all merchandise omitted to be included and reported in such manifest; and it shall not be lawful to grant a permit to unlade any` such merchandise so omitted before such post entry or addition to suc report or manifest has been made. [M S 2027-] Sec. 2888. When the deliverv of merchandise from on board of any acccuntofcelivvessel is completed, copies of the accounts or entries which have been ***1****- _A_gd kept or made thereof, by the officer charged with the deliveries, shall 2 Mn, 1799, Q_ be returned to the collector of the district, and the naval officer, if any, 22,¤·55,v-1,p· 668. within three days after such delivery has been completed, if at the port where such officer resides, and if at any other port as soon as the nature of the case will admit, not exceeding fifteen days._ The accounts or entries to be so returned shall comprise all deliveries made pursuant to permits, and all packages or merchandise sent to the public stores; also each and every package remaining on board of such vessel for the purpose of being exported therein to a foreign port, or to some other district of the United States. _ _ Sec. 2889. Such returns shall be signed by the inspectors respec- Proceedxrpp pptively under whose superintendence the deliveries have been made; and, ‘;‘i;;i“m“° *’ “"