1318 APPENDIX TO BRITISH CASE. 



manifest of all the goods, wares and merchandise, on board the 

 . at the port from which she last sailed, at the time of her sail- 

 ing, or at any time since, and of which vessel I am at present master." 

 And if the master or other person having charge or command of any 

 such ship or vessel, shall refuse or neglect to make entry, or deliver 

 his manifests and documents, pursuant to the directions of this act, 

 or to take the oath or affirmation herein prescribed, he shall forfeit 

 and pay five hundred dollars for each refusal or neglect. 



SEC. 12. And be it further enacted, That no goods, wares or mer- 

 chandise, shall be unladen or delivered, from any ship or vessel, but 

 in open day, or without a permit from the collector for that purpose; 

 and if the master or commander of any ship or vessel shall suffer 

 or permit the same, such master and commander, and every other 

 person who shall be aiding or assisting in landing, removing, housing, 

 or otherwise securing the same, shall forfeit and pay the sum of four 

 hundred dollars for every offence; shall moreover be disabled from 

 holding any office of trust or profit under the United States, for a 

 term not exceeding seven years; and it shall be the duty of the col- 

 lector of the district, to advertise the names of all such persons in 

 the public gazette of the State in which he resides, within twenty 

 days after each respective conviction. And all goods, wares and mer- 

 chandise, so landed or discharged, shall beocme forfeited, and may be 

 seized by any officer of the customs ; and where the value thereof shall 

 amount to four hundred dollars, the vessel, tackle, apparel and furni- 

 ture, shall be subject to like forfeiture and seizure : Provided always, 

 That if any ship or vessel compelled by distress of weather, or other 

 sufficient cause, shall put into any port or place of the United States, 

 other than that to which she was actually destined, the master or other 

 person having command, shall within forty-eight hours next after 

 his arrival, make report and deliver a true manifest of his cargo to 

 the Collector of the port or district; and moreover shall within 

 twenty-four hours, malce protest in the usual form before a notary 

 public or justice of the peace, of the cause and circumstances of such 

 distress; and if it shall appear to the collector, that there is a neces- 

 sity for unloading such ship or vessel, he shall grant permission, and 

 appoint a proper .officer to attend the unloading thereof; and all 

 goods, wares and merchandise so unladen, shall be stored under the 

 direction, and subject to the safe keeping of such collector; but if 

 any part thereof shall be of a perishable nature, or it may be neces- 

 sary to make sale of any part thereof to defray the expenses of such 

 vessel or cargo, the said collector shall grant a license to the master, 

 commander or owner, to dispose of so much thereof as are perishable, 

 or shall be necessary to defray such expenses: Provided, That the 

 duties thereon be first paid or secured : And provided also, that such 

 necessity be made appear by the wardens of the port, or other persons 

 legally authorized to certity the same, and where there are no such 

 persons, by the affidavit of two reputable citizens of the neighbour- 

 hood, best acquainted with matters of that kind. 



***** * 



Approved, July 31, 1789. 



