CHAPTER TWO.

CLEARANCE AND ENTRY.

4197. Granting clearances.

4198. Oath of master.

4199. Form of manifest.

4200. Manifests of shippers.

4201. Form of clearance.

4202. State inspection laws.

4203. Conveyance of the mails.

4204. Conveyance of bullion, coin, etc., for the United States. 4205. Clearance of vessel laden with live-oak.

4206. Payment of fees on vessels outward bound.

4207. Copy of rates of consular fees to be annexed to clearance.
4208. Steamboats on Lake Champlain.

4209. Production and deposit of papers of foreign vessels.
4210. Exception in certain cases.

4211. Delivery of papers by foreign consul.

4212. Oath of masters to delivery of mails.

4213. Copy of receipts of consular fees, etc.

4214. Pleasure-yachts.

4215. Signals of yachts.

4216. Yachts belonging to foreign yacht-clubs.
4217. Commissions to yachts.

4218. Entry of yachts.

§ 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.

The Secretary of the Treasury may refuse a clearance to any vessel laden with suspected merchandise intended for ports in possession of insurgents against the Government-Rey. Stats. sec. 5320; Basv. Steele, 3 Wash. C. C. 382. And the collector of the customs may require a bond in a penalty equal to the value of the cargo that no part of the cargo

may be used in affording aid to insurgents-Rev. Stats. sec. 5321. A clearance is necessary for every vessel sailing on the ocean-Bas v. Steele, 3 Wash. C. C. 381.

§ 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.

§ 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 master, bound for

the

Marks. Nunbers.

Packages or arti-
cles in bulk.

Contents or
quantities.

§ 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.

Owners of foreign vessels shall give bonds that none of the natives of a foreign country shall be transported and sold as slaves-Rev. Stats. sec. 5564. The collector to require an oath that no letter or packet originating in the United States, and not regularly received from the post office, has been received on board-Rev. Stats. sec. 3987. Where articles are purchased abroad for the equipment of the vessel, and remain on board at her arrival, they need not be reported on the manifest-U. S. v. Coils of Cordage, Gilp. 299; Desty S. & A. § 7.

§ 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:

These are to certify all whom it doth concern, that master or commander of the tons, or thereabouts, mounted with

igated with

men,

hath

having on board
said vessel according to law.
seals, at the custom-house of
one thousand

,

burden

guns, nav

built, and bound for here entered and cleared his Given under our hands and this day of and in the year of the Independence of the United States of America.

§ 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 mas

ter, 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.

The law does not require the production of a certificate of his having complied with the inspection laws of the State unless the laws of the State require it-Bas v. Steele, 3 Wash. C. C. 381.

§ 4203. Conveyance of the mails.-All vessels belonging to citizens of the United States, and bound from any port in the United States to any foreign port, or from any foreign port to any port in the United States shall, before clearance, receive on board and securely convey all such mails as the Post-Office Department of the United States, or any minister, consul, or commercial agent of the United States abroad shall offer, and shall promptly deliver the same to the proper authorities, on arriving at the port of destination, and shall receive for such service such reasonable compensation as may be allowed by law.

*The word "the" was stricken out by amendment 27th February, 1877-19 U. S. Stats. p. 250. See § 4212.

§ 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 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.

§ 4205. Clearance of vessels laden with liveoak. - 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.

It is the duty of all officers of customs, as well as land officers, to take seasonable precautions against depredations on the public lands-Rev. Stats. sec. 2463.

§ 4206. 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.

§ 4207. Copy of rates of consular fees to be annexed 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.

§ 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.

When merchandise is imported, duly entered, and the duties paid, it may be landed in the same or any district adjoining Lake ChamplainRev. Stats. sec. 3128.

§ 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.