All disputes or disagreements with his crew must be referred by the master to the Consul for settlement, and his decision should in all cases be accepted as final. The practice which to some extent prevails among British shipmasters in United States ports, of appealing to the local courts when the decision of the Consul does not accord with their own ideas of what may be correct, is in the highest degree reprehensible, and is calculated to subject the master to disagreeable consequences both abroad and after his return to Great Britain.

Where a summons is received from the Consul by the master, or any of the crew of a British vessel, it should be promptly attended to; and should the Consul require the production of either log-book or of any of the ship's papers not already lodged in the Consulate, this requirement must likewise be at once complied with.

If any circumstances should prevent the attendance of the master, or of any of his crew who may have been summoned to appear before the Consul, or in case the production of any papers required should be impossible, at the time appointed, an explanation of the circumstances which have prevented the Consul's request being complied with should be promptly made, as a refusal to comply with such request will subject the master to a penalty of twenty pounds. A like penalty attaches to a refusal to give any information which may be required concerning the ship, her crew, log-book or papers, or for preventing or impeding a muster of the crew, should the Consul deem such a measure advisable or necessary.

4. CONSULAR FEES.

The fees charged by Consuls upon British shipping are established by Her Majesty's order in Council of the 1st of May, 1855.

Her Majesty's Consuls no longer have, as a general rule, any personal interest in these fees. They are now

collected on account of, and are returnable to, the government.

For this reason the Consul has no power to forego or remit fees legally chargeable.

The following table embraces the fees usually payable by British shipmasters in United States ports, and the payment of them (including the entrance fee, &c.) is commonly made when the vessel clears from the Consulate :£ s. d.

Entry and clearance of vessel (including two seals and signatures at 5s., and two registrations at 2s. 6d.)

For endorsing the name of every seaman engaged, deserted, discharged or died, and the same on change or renewal of agreement

0 15 0

020

Noting protest, with one certified copy if required

Order of survey, with one certified copy if required

For extending protest or survey, with certified copy if required

If the foregoing exceed 200 words, for every additional 100 words

For examination of provisions or water, to be paid by the party who proves to be in default For attesting a seaman's will

For endorsing a change of master upon the certificate of registry (including one registration, 2s. 6d.) .

0 2 Q

04 6

These fees must be paid by the master before receiving the ship's papers from the Consul, either in sterling money or its equivalent in local currency, at the prevailing rate of exchange for like sums. The convenience of both Consul and master will, as a general rule, however, be best consulted by paying the Consular fees in the local currency, as, unless the master provides himself with the exact amount of sterling money required, it may be difficult to procure change, a very small proportion of those fees being generally paid in sterling money.

The master cannot exact from the Consul a receipt for

L

fees paid by him; but, where there may be a special reason for procuring it, the Consul will not generally decline to give such receipt or memorandum.

5. ENTRY AT, AND PASSING THROUGH, THE
CUSTOM-HOUSE.

When a master has reached his port of delivery, he should lose no time in presenting to the Custom-house officers his necessary papers. A delay in this respect, which disables the owner of goods shipped on board from passing them through the Custom-house, is a neglect of his duty as master, for which the vessel is responsible.

A master of a British vessel arriving in a port of the United States, will most likely either be consigned by his owners, or he himself will place his vessel in the hands of some responsible and respectable merchant. But even where neither of these courses is pursued, his business will generally be facilitated by employing a faithful Custom-house broker.

On the idea that one or other of these things will occur, we do not intend to give minute directions as to the course a master should pursue, or the documents he must sign and depose to, or the particular fees he will have to pay in passing his vessel through a Custom-house of the United States.

It may be well, however, to mention matters connected with some of these. But before doing so, the master must understand that if he has under his care or within his power letters directed to any person within the United States or its territories (except such as are directed to the owner or consignees of the vessel), he must deliver all the same to the postmaster before he can enter his vessel; and the collector (on entry) will take from him an oath that he has done so. An offence against this

*The Zenobia, Abbott's Admiralty Reports (New York), 80.

provision will subject the master to a penalty not exceedThe master gets two cents for

ing one hundred dollars. each letter he delivers.*

Collectors and other officers of the Customs are authorised, without special instructions, to examine and search every vessel for letters which may be on board, or have been carried and transported contrary to law; and whenever they have good reason to suspect such violations have been committed, they will make such examinations and searches; and if seizures are made, they will retain in their own hands the letters or packages of letters seized, reporting at once the facts to the proper department, and await its instructions. All letters or packages suspected of containing articles liable to duty, whether directed to the owner, consignee, or other persons, must be deposited at the Custom-house, in charge of an officer of the Customs, and notice given to the persons to whom they are directed, to cause the same to be opened in the presence of such officer of the Customs as the collector may designate for that purpose.†

Within twenty-four hours after arrival, the master must report his arrival, and produce to the proper officer of Customs the ship's register, or any document which may stand in the place of it, together with the clearance and other papers which had been granted by the officers of the Customs at her departure from the port from which she had arrived. These papers, directly thereafter, will be returned to him; and he must, within forty-eight hours after his arrival, leave them with his Consul.

Then, within forty-eight hours after arrival, he has to produce a report and manifest, and depose to the truth of the same.

A neglect to make either of the reports would subject him for each offence to a penalty of one thousand dollars.‡

*Brightley's Digest U.S. Laws, 338; also Act of March 3, 1863, Section 31; 12 U.S. Statutes, 270.

General Regulations, 103, 104.

Ibid. 336, 337.

All these provisions apply to every vessel arriving at a port, whether such arrival be voluntary or by stress of weather, or the port be the intended port of discharge or not.*

With regard to United States vessels, the law specifies what their manifest shall contain, and in the General Regulations applicable to Custom-houses a form of manifest is drawn out where merchandise is imported by citizens or inhabitants of the United States in foreign vessels,† as thus :

Report and manifest of the cargo laden on board the (here insert the denomination and name of the vessel, and the port to which she belongs); whereof (here insert the master's name and whether or not master during the voyage) is master; of the tons burden; (and here insert the nation where built); bound to (here insert the port or ports of destination); which cargo was taken on board at (here insert the port or ports where laden).

Returned cargo (if any, specifying the same, by whom shipped, and to whom consigned inward).

Passengers' baggage (number and description of packages belonging to each).

Vessel and cabin stores (detail what stores remain unconsumed).

If the cargo be destined to be delivered in different

*United States v. Webber, 1 Gallison's (U.S.) Reports, 392.

Articles 83, 84.