Volume 21 · 174
Public Law 46–190
to amend the Statutes in relation to immediate transportation of dutiable goods, and for other purposes.
Approved June 10, 1880
Statutory text
An Act
to amend the Statutes in relation to immediate transportation of dutiable goods, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That when any merchandise, other than explosive articles, and articles in built not provided for in section four of this act, imported at the ports of New York, Philadelphia, Boston, Baltimore, Portland and Bath, in Maine, Chicago, Port Huron, Detroit, New Orleans, Norfolk, Charleston Savannah, Mobile, Galveston, Pensacola, Florida, Cleveland, Toledo, and San Francisco, shall appear by the invoice or bill of lading and manifest of the importing vessel to be consigned to and destined for either of the ports specified in the seventh section of this act, the collector at the port of arrival shall allow the said merchandise to be shipped immediately after the entry prescribed in section two of this act has been made.
Sec. 2.
That the collector at the port of first arrival shall retain in his
Invoice and entry.
office a permanent record of such merchandise so to be forwarded to the port of destination, and such record shall consist of a copy of the invoice and an entry whereon the duties shall be estimated as closely as possible on the merchandise so shipped, but no oaths shall be required on the said entry. Such merchandise shall not be subject to appraisement and liquidation of duties at the port of first arrival, but shall undergo such examination as the Secretary of the Treasury shall deem necessary to verify the invoice; and the same examination and appraisement thereof shall be required and had at the port of destination as would have been required at the port of first arrival if such merchandise had been entered for consumption or warehouse at such port.
Sec. 3.
That such merchandise shall be delivered to and transported
Common carriers.
by common carriers, to be designated for this purpose by the Secretary of the Treasury’, and to and by none others; and such carriers shall be responsible to the United States as common carriers for the safe delivery of such merchandise to the collector at the port of its destination; and before any such carriers shall be permitted to receive and transport any such merchandise, they shall become beund to the United States in
Bond.
bends of such form and amount, and with such conditions, not inconsistent with law, and such security as the Secretary of the Treasury shall require.
Sec. 4.
That sections twenty-eight hundred and fifty-three and twenty--eight
R. S. 2853,
Amended.
R. S. 2855,
Amended.
hundred and fifty-five of the Revised Statutes of the United States be, and the same are hereby, so amended as to require that all invoices of merchandise imported from any foreign country and intended to be transported without appraisement to any of the ports mentioned in the seventh section of this act, shall be made in quadruplicate; and that the consul, vice-consul, or commercial agent, to whom the same shall be produced, shall certify each of said quadruplicates under his hand and official seal in the manner required by section twenty-eight hundred and fifty-five of the Revised Statutes, and shall then deliver to the person producing the same two of the quadruplicates, one to be used in making entry at the port of first arrival of the merchandise in the United States, and one to be used in making entry at the port of destination, file another in his FORTY-SIXTH CONGRESS. Sess. II. Ch. 190. 1880. office, there to be carefully preserved and as soon as practicable transmit the remaining one to the collector or surveyor of the port of final
Proviso.
destination of the merchandise: Provided, however, That no additional fee shall be collected on account of any service performed under the requirements of this section.
Sec. 5.
That merchandise transported under the provisions of this
Transportation of merchandise under Jocks and seals.
act shall be conveyed in cars, vessels, or vehicles securely fastened with locks or seals, under the exclusive control of the officers of the customs; and merchandise may also be transported under the prolusions of this act by express companies, on passenger trains, in safes and trunks, which shall be of such size, character, and description, and secured in such manner as shall be from time to time prescribed by the Secretary, and in cases where merchandise shall be imported in boxes or packages too large to be included within the safes or trunks so prescribed, such merchandise may be. transported, under the provisions of this act, by such express companies, in a separate compartment of the car, secured in such manner as shall from time, to time be prescribed by the Secretary
Pig-iron, &c.
of the Treasury; and merchandise such as pigiron, spiegelirou, scrap-iron, iron ore, rail road-iron, and similar articles commonly transported upon platform or flat ears, may be transported, under the provisions of this act, upon such platform or flat cars, and the weight of such merchandise so transported shall be ascertained in all cases before shipment, and ordinary railroad-scales may be used for such purpose; and inspectors shall be stationed at proper points along the designated routes, or upon any car, vessel, vehicle, or train at the discretion of the Secretary of the Treasury, and at the expense of the companies, respectively. Such merchandise shall not be unladen or transshipped between the ports of first arrival and final destination, unless authorized by the regulations of the Secretary of the Treasury in cases which may arise from a difference in the gauge of railroads, or from accidents, or from legal intervention, or when by reason of the length of the route the cars, after due inspection by customs officers, shall be considered unsafe or unsuitable to proceed further, or from low water, ice, or other unavoidable obstruction to navigation; and in no case shall there be permitted any breaking of the original packages of such merchandise.
Sec. 6.
That merchandise so destined for immediate transportation
Ports of entry.
shall be transferred, under proper supervision, directly from the importing vessel to the car, vessel, or vehicle in which the same is to be transported to its final destination.
Sec. 7.
That the privilege of immediate transportation shall extend
Privilege of immediate transportation.
to the ports of New York and Buffalo, in New York; Burlington, in Vermont; Boston, in Massachusetts; Providence and Newport in Rhode Island; New Haven, Middletown, and Hartford in Connecticut; Philadelphia and Pittsburgh, in Pennsylvania; Baltimore, Crisfield and Annapolis in Maryland; Wilmington, and Seaford, in Delaware; Salem, Massachusetts; Georgetown in the District of Columbia; Norfolk, Richmond and Petersburg!!, in Virginia; Wilmington and Newberne, in North Carolina; Charleston and Port Royal, in South Carolina; Savannah and Brunswick, in Georgia; New Orleans,in Louisiana; Portland and Bath, in Maine; Portsmouth, in New Hampshire; Chicago, Cairo, Alton, and Quincy, in Illinois; Detroit, Port Huron, and Grand Haven in Michigan; Saint Louis, Kansas City, and Saint Joseph in Missouri; Saint Paul,in Minnesota; Cincinnati, Cleveland, and Toledo, in Ohio; Milwaukee, and La Crosse, in Wisconsin; Louisville, in Kentucky; San Francisco, San Diego and Wilmington in California; Portland, in Oregon; Memphis, Nashville and Knoxville, in Tennessee; Mobile, in Alabama; and Evansville, in Indiana; and Galveston, Houston, Brownsville, Corpus Christi, and Indianola, in Texas; Omaha, in Nebraska; Dubuque, Burlington and Keokuk, in Iowa; Leavenworth, in Kansas; Tampa Bay, Fernandina, Jacksonville, Cedar Keys, Key West, and
Proviso.
Apalachicola, in Florida: Provided, That the privilege of transportation herein conferred shall not extend to any place at which there are not the FORTY-SIXTH CONGRESS. Sess. II. Ch. 190, 203. 1880. necessary officers for the appraisement of merchandise and the collection of duties.
Sec. 8.
That sections twenty-nine hundred and ninety, twenty-nine
R. S. 2990, 2991, 2992, 2993, 2994, 2995, 2996, 2997, repealed.
hundred and ninety-one, twenty-nine hundred and ninety-two, twenty-nine hundred and ninety-three, twenty-nine hundred and ninety-four, twenty-nine hundred and ninety-five, twenty-nine hundred and ninety-six, and twenty-nine hundred and ninety-seven of the Revised Statutes he, and the same are hereby, repealed.
Sec. 9.
That no merchandise shall be shipped under the provisions of this act after such merchandise shall have been landed ten days from the importing vessel, and merchandise not entered within such time shall be sent to a bended warehouse by the collector as unclaimed, and held until regularly entered and appraised.
Sec. 10.
That section twenty-nine hundred and eighty-one of the Revised
R.S.2981.
Amended.
Statutes be amended so as to read as follows: That whenever the proper officer of the customs shall be duly notified in writing of the existence of a lien for freight upon imported goods, wares or merchandise in his custody, he shah, before delivering such goods, wares, or merchandise to the importer, owner, or consignee thereof, give seasonable notice to the party or parties claiming the lieu; and the possession by the officers
Lien for freight on imported goods.
of customs shall not affect the discharge of such lien, under such regulations as the Secretary of the Treasury may prescribe; and such officer may refuse the delivery of such merchandise from any public or bended warehouse or other place in which the same shall be deposited, until proof to his satisfaction shall be produced that the freight thereon has been paid or secured; but the rights of the United States shall not be prejudiced thereby, nor shall the United States or its officers be in any manner liable for losses consequent upon such refusal to deliver. If merchandise so subject to a lien regarding which notice has been filed, shall be forfeited to the United States and sold, the freight due thereon shall be paid from the proceeds of such sale in the same manner as other charges and expenses authorized by law to be paid therefrom are paid.
Sec. 11.
That this act shall take effect and be in force from and after
To take effect from and after 1st July, 1880.
the first day of July, anno Domini eighteen hundred and eighty.
Approved, June 10, 1880.