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Art. 168. Within twenty-four hours after the arrival of the vessel in another district, the master or person in command or charge thereof, is required to report to the collector of such district, exhibiting the certified copy of his first report, together with a certificate as aforesaid from the collector of each district within which any of the merchandise brought in such vessel shall have been before landed, and the quantity and particulars thereof.

Rev. Stats. sec. 2781.

Art. 169. The said bond shall be cancelled or discharged, within six calendar months from the date thereof, on the production of a certificate or certificates from the collector or collectors of the district or districts for which the goods shall have been reported, testifying the due entry and delivery of the goods in such district or districts; or upon due proof, to the satisfaction of the collector by whom the bond shall have been taken, and of the naval officer of such port, if any, that such entry and delivery were prevented by some unavoidable accident or casualty, and if the whole, or any part, of the goods shall not have been lost, that the same have been duly entered and delivered within the United States. The form of the certificate shall be as follows:

FORM No. 50.

Certificate on landing residue of cargo.

District of

-, port of

These are to certify

that there have been duly entered and delivered at this

port, from on board the

master, from the port of merchandise,

ness our hands and seals, this

Naval Officer.

whereof

is

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Rev. Stats. sec. 2783.

Art. 170. A penalty of five hundred ($500) dollars is imposed by law on the master, or other person in command or charge of any such vessel, for failure, by his neglect or fault, to obtain a copy of his report from the collector at the port of departure, or any certificate he is thus required to obtain, or to exhibit the same to the collector of any other district, to which the vessel may afterwards proceed, within the time prescribed.

Rev. Stats. sec. 2784.

Art. 171. Coasting papers must not be granted to a vessel having on board merchandise brought from a foreign port, unless it be wholly unladen and the duties paid or secured.

Art. 172. In the case of a vessel from a foreign port or place, compelled by stress of weather, or other necessity, to put into any other port or place than that of her destination, the master, or person in command or charge thereof, together with the mate or person next in command, within twenty-four hours after arrival, shall make protest, in the usual form, upon oath, before the collector of the district of arrival, or other person duly authorized, setting forth the causes or circumstances of such necessity.

The protest, if not made before the collector, must be produced to him and the naval officer, if any, at the port, and a copy thereof lodged with them.

If such master or other person in charge or command of the vessel so forced into port by distress, shall also make report to the collector within forty-eight hours after arrival, as in other cases, and if it shall be made to appear to the collector, by the certificate of the wardens of the port, or other officers accustomed to ascertain the condition of vessels arriving in distress, or if there be no such officers, by the certificate of two reputable merchants, to be named for that purpose by the collector, that it is necessary to unlade the vessel, the collector and naval officer, if any, will grant a permit therefor, and appoint an inspector to oversee the unlading and keep an account thereof, to be compared with the report of the master of the vessel; and the merchandise so unladen will be stored under custody of the collector.

At the request of the master or other person in command or charge of the vessel, or of the owner thereof, the collector, together with the naval officer where there is one, and alone where there is none, shall grant permission to enter and pay the duties on, and dispose of, such part of the cargo as may be of a perishable nature, or as may be necessary to defray the expenses attending the vessel and her lading.

And if the delivery of the cargo do not agree with the master's report, and the difference be not satisfactorily explained, the master or other person in command or charge of the vessel will become subject to the penalties provided in like cases by law.

The merchandise, or the residue thereof not so disposed of, may be reladen on board the vessel, under the inspection of the officer who superintended the landing, or other

proper officer, and the vessel proceed with the same to her place of destination, subject only to the charge for the storing and safe-keeping of the merchandise, and the fees to the officers, as in other cases.

Rev. Stats, sec. 2891.

Art. 173. When a vessel is prevented by ice from reaching her port of destination, the collector of the district where such vessel may be may receive the master's report and entry, and, with the consent of the naval officer, if any, may grant permit for the delivery of the cargo at such place in his district as he may deem most proper and convenient; but all the rules, regulations, restrictions, penalties, and provisions are as applicable to this case as if the unlading and delivery took place at the port of the vessel's destination.

Rev. Stats. sec. 2896.

Art. 174. In case a vessel is prevented from reaching her port of destination by other obstructions, as in consequence of the depth of water of the interior bay or river not being sufficient for the draught of the vessel, application should be made, through the collector, to the Secretary of the Treasury for permission to discharge the cargo at a convenient port or place, to be forwarded to its port of destination in one or more vessels, lighters, or other conveyances.

On receipt of such permission the cargo may be so forwarded, accompanied with manifests showing the part of the cargo, or the whole, as the case may be, so conveyed by the vessel or lighter, duly certified by the officer who superintended its transhipment from the importing vessel.

Art. 175. In case also of vessels wrecked in the waters of the United States, or prevented by marine casualty from proceeding to their ports of destination, application should be made to the Secretary of the Treasury by the original owners or consignees of the merchandise, or by the underwriters, in cases of abandonment to them, for permission to forward the goods saved from the wreck to the ports of destination in lighters or other conveyances, without entry at the custom house in the district in which the merchandise was cast ashore or unladen.

On receipt of such permission the merchandise may be so forwarded, accompanied with particular manifests thereof, duly certified by the customs officer who superintended or had custody of the goods.

Rev. Stats. sec. 2896.

Art. 176. If, after the arrival of any vessel, bound to the United States from a foreign port, within the limits of any collection district of the United States, or within four leagues of the coast thereof, any part of the cargo of such vessel shall be unladen before the vessel's arrival at the place where the whole or part of her cargo is to be discharged, and without authority therefor from the proper officers of the customs, the master or person in charge or command of such vessel and the person next in command shall respectively forfeit and pay the sum of one thousand ($1,000) dollars for each such offense; and the merchandise so unladen and unshipped, except in the case of accident, necessity, or stress of weather, shall also be forfeited.

Rev. Stats. sec. 2867.

Art. 177. Where such unlading occurs by reason of unavoidable accident, necessity, or stress of weather, the master or other person in charge or command of the vessel, with two or more of the officers and mariners of the vessel, including the second in command, whom he shall duly notify, must make proof thereof, upon oath, before the chief customs officer of the district within which the casualty occurred, or before the chief customs officer of the first district at which such vessel shall afterwards ar rive, if the casualty occurred within four leagues of the coast and without the limits of any collection district. Rev. Stats. sec. 2867.

Art. 178. If the merchandise so unladen be put or received on any other vessel or boat, except in the case of accident, necessity, or stress of weather, to be notified and proved as above required, the master or person in charge or command of such vessel or boat, and every other person aiding or assisting, shall forfeit and pay treble the value of said merchandise, and such vessel or boat shall also be forfeited.

Rev. Stats. sec. 2868.

Time allowed for discharge of cargo and compensation for overtime.

Art. 179. Merchandise brought in a vessel from a foreign port or place cannot be unladen or delivered from such vessel within the United States but in open day, that is to say, between the rising and setting of the sun, except by special license from the collector, and naval

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officer, if any, nor at any time without a permit from the collector, and naval officer, if any.

But it is the duty of the collector of customs, with the concurrence of the naval officer, if there be one, of any port at which a steamship from a foreign port or place may arrive, upon or after the issuing of a general order, to grant, upon proper application therefor, a special license to unlade the cargo of the vessel at night, that is to say, between sunset and sunrise.

Before any such special license is granted, the master, agents, or consignees of the vessel are required to execute and deliver to the collector a good and sufficient bond, to be approved by him, conditioned to indemnify and save the said collector harmless from any and all losses and liabilities which may be occasioned by reason of the granting of such special license.

Rev. Stats. secs. 2871, 2872.

Art. 180. When goods, wares, or merchandise remain on board a vessel after the legal time for discharging the same has expired, the collector may take possession thereof.

The time allowed in which to discharge the cargo of a vessel is as follows:

Vessels of less than three hundred tons, eight days. Vessels of three hundred tons and less than eight hundred tons, twelve days.

Vessels of eight hundred tons and upwards, fifteen days.

The working days of a vessel are to be computed by excluding the days of arrival and entry, Sundays and legal holidays, and rainy days when cargo is not discharged. Rev. Stats. secs. 2880, 2881, 2969.

Art. 181. All merchandise found on board at the expiration of these periods, not reported for some other district or a foreign port or place, must be taken possession of by the collector.

But with consent of the owner or consignee of such merchandise, or with consent of the owner or master of the vessel, the remaining cargo may be so taken possession of after one day's notice to the collector.

Rev. Stats. sec. 2966.

Art. 182. This limitation does not apply to vessels laden with salt or coal, requiring a longer time to discharge.

In such cases the collector may grant an extension of

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