Preamble
THE INSULAR COLLECTORS AT POUTS OF ENTRY. THE SURVEYOR. CUSTOMS INSPECTORS. PORTS OF THE PHILIPPINES. DOCUMENTING OF VESSELS. ENTRANCE OF VESSELS IN FOREIGN TRADE. FOREIGN CLEARANCES. COASTWISE TRADE ENTRY OF IMPORTED MERCHANDISE. DUTIES OF APPRAISERS. LIQUIDATION OF DUTIES. ALLOWANCES AND ABATEMENTS REFUNDS. REFUND ON COAL USED FOR FUEL ON BOARD STEAM VESSELS. ABANDONMENT OF MERCHANDISE. WAREHOUSES. LIGHTERAGE AND CARTAGE. MERCHANDISE UNCLAIMED AND UNDER GENERAL ORDER. SALES OF UNCLAIMED, SEIZED, ABANDONED, AND CONFISCATED GOODS AND MERCHANDISE. STAMPS. PROTESTS AND APPEALS. FINES, PENALTIES, SEIZURES, AND FORFEITURES. SEARCHES AND SEIZURES. COMPENSATION FOR DETECTORS AND INFORMERS. CUSTOMS SURVEILLANCE. BAGGAGE. ENTRANCE OF VESSELS THROUGH STRESS OF WEATHER. INTERIOR CIRCULATION. DERELICT AND WRECKED MERCHANDISE. LIENS FOR FREIGHT OR LIGHTERAGE IMMIGRATION TAX. INTERIOR REGULATIONS FOR CUSTOM-HOUSES. CONSULAR DUTIES OF COLLECTORS. SPECIAL AGENTS. RECEIPTS, DEPOSITS, AND DISBURSEMENTS OF PUBLIC MONEYS. SPECIAL REGULATIONS FOR THE UNITED STATES ARMY TRANSPORT SERVICE. GOVERNMENT FREE ENTRY. FEES. GENERAL PROVISIONS. TONNAGE DUES AMERICAN OR FOREIGN BUILT VESSELS TRANSFERRED ABROAD TO CITIZEN OF THE UNITED STATES. 341. Right to acquire property in foreign ships.—The right of citizens of the United States to acquire property in foreign ships has been held to be a natural right, independent of statutory law, and such property is as much entitled to protection by the United States as any other property of a citizen of the United States. 342. Treasury regulations.—Sea letters.—The existing general regulations of the Treasury Department under the customs and navigation laws (Customs Regulations, 1892) recognize the right of property in vessels of this character and declare them to be entitled to the protection of the authorities and to the flag of the United States, although no register, enrollment. license, or other marine document prescribed by the laws of the United States can lawfully be issued to such vessels whether they are American or foreign built. The former practice of issuing sea letters in the case of the purchase abroad of American or foreign vessels by citizens of the is United States is no longer authorized. Nevertheless, though the issuing of sea letters to such ships is not now authorized, yet there would seem to be no good reason upon the face of our present legislation why the Department of State should not resume the practice, in case the United States should be a neutral in a war between maritime powers, if it should deem such letters more protective in their character than consular or customs certificates of sale. 343. Record of bill of sale, certificate, and so forth.—In view of existing regulations, and to enable the owners of a vessel so situated to protect their c rights, if molested or questioned, a consular officer, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its execution, and deliver to the purchaser a certificate to that effect; certifying, also that the owner is a citizen of the United States. Before granting such a certificate the consular officer will require the tonnage of the vessel to be duly ascertained, in pursuance of law, and insert the same in the description of the vessel in his certificate. (Form Numbered Thirty-five.) These facts thus authenticated, if the transfer is in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States, and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith. 344. Consul's responsibility.—The authority of a consular officer to authenticate the transfer of a foreign vessel is wide in its effects and imposes great responsibility in making him, in the first instance at least, the sole judge of the good faith of the transaction. The question of the honesty and good faith of such a sale rises into the gravest importance in the event of a war between two or more powers in which the Government of the United States is a neutral. In such a war, experience justifies the expectation that the citizens or subjects of one or more of the belligerents will seek to protect their shipping by a transfer to a neutral flag. In some instances this may honestly be done; but the sales of the vessels of belligerents in apprehension of or in time of war are always, and properly, liable to suspicion, and they justify the strictest inquiry on the part of the belligerent who may thereby have been defrauded of his right to capture the enemy's property. The acceptance of the pretended ownership of a vessel under these circumstances may be very profitable, and the temptation to abuse his trust in such a case to which a consular officer is subjected may be too great for persons of ordinary integrity, discernment, and firmness to withstand. Instances are not wanting in which citizens of the United States who were wholly incapable, from their previous well-known condition and pursuits, of making such a purchase have appeared as owners under sales of this character, and have sought for them the protection of the Government. 345. Careful investigation enjoined.—It is the duty of a consular officer to use all available means, especially during the existence of a war to which this Government is not a part to satisfy himself that the sale of a vessel is made in good faith and without a fraudulent intent. A considerable discretion and responsibility rest upon him in the determination of the good faith of such transactions. It is not to be concluded that all such sales, even in time of peace, are honest and free from collusion or fraud. It is the duty of the consular officer to notice all circumstances that throw doubt on the good faith of the transaction or point to its fictitious character, and, if he is satisfied in this respect, to refuse to grant his certificate. On the other hand, he is not permitted to regard the mere fact of the sale of a vessel to a citizen of the United States as any evidence of fraud. The presumption must be otherwise, and. in the absence of any indication of dishonesty, a sale in the regular way. with the usual business formalities, is to be regarded as made in good faith. 346. Certificate, when to be issued.—When a consular officer shall have satisfied himself, after the investigation with which he is charged, that the sale of a vessel is not fictitious and is made in good faith, and that the purchaser is a citizen of the United States, it is his duty, when requested, to record the bill of sale in the consulate, and to deliver the original to the purchaser, with his certificate annexed thereto, according to Form Number Thirty-five. A copy of the bill of sale, together with any other papers belonging to the transfer, and of the consular certificate should be sent without delay to the Department of State, with a report of the facts and circumstances of the transaction. 347. Right to fly the flag—The privilege of carrying the flag of the United States is under the regulation of Congress, and it may have been the intention of that body that it should be used only by regularly documented vessels. No such intention, however, is found in any statute. And as a citizen is not prohibited from purchasing and employing abroad a foreign ship, it is regarded as reasonable and proper that he should be permitted to fly the flag of his country as an indication of ownership and for the due protection of his property. The practice of carrying the flag by such vessels is now established. The right to do so will not be questioned, and it is probable that it would be respected by the courts. 348. Disabilities of foreign-built vessels.—It should be understood that foreign-built vessels not registered, enrolled, or licensed under the laws of the United States, although wholly owned by citizens thereof, can not legally import goods, wares, or merchandise from foreign ports, and are not allowed in the coasting trade. (R.S., secs. 2497, 4311.) 349. Forfeiture, and tonnage duties.—On arrival from a foreign port undocumented foreign-built vessels, if laden with goods, wares, or merchandise, may, with their cargoes, be subjected to forfeiture. (R. S., sec. 2497; see Tariff Act of 1894. sec. 15.) If in ballast only, or with passengers without cargo, they will be subject to a discriminating tonnage duty. (R. S., sec. 4219; 19 Stat. L., 250.) When in foreign ports they are also subject to tonnage and other consular fees from which regularly documented vessels are exempt. For instructions respecting the shipment and discharge and relief of seamen on vessels of this character, and the collection of extra wages, consular officers are referred to the several articles on these subjects. * See Appendix A at end of Act. * See Appendix B at end of Act.