ARTICLE XVIII—OF THE ARRIVAL AND ENTRY OF VESSELS.

 

§545.  The commanding officer of every merchant vessel, arriving from a foreign port, or from a domestic port, with foreign merchandise on board, at any port of entry, shall, within forty-eight hours after arrival, make known to the collector the business upon which such vessel has come to this port, furnish him wih a list of passengers, and deliver him a true and perfect manifest of the caargo with which she is laden, containing an account of the packages, with their specific oontents, marks and numbers, and the name of the shippers and importers or consignees, in the following form, undet penalty of not exceeding one thousand dollars:

 

INWARD MANIFEST.

 

Report and manifest of cargo laden at the port of ___________, on board of the ________, whereof, ________ is master, bound for __________

                                     

Port of ________, Hawaiian Islands.

I, ________, master of the ________, do solemnly swear that the above manifest of cargo laden on board of the said ________, now delivered by me to the Collector of the port of ________, contains, according to the best of my knowledge and belief, a full, just and true account of all goods now actually laden on board of said vessel:  So help me God.

Subscribed and sworn to, this ___ day of _______, 18___

Before me,

________, Collector.

 

§546.  Every master of a merchant vessel, at the time of delivering the inward manifest of his cargo, or if he has no cargo, within forty-eight hours after his arrival, shall deliver to the collector, under oath, a list of stores on board of his vessel, under penalty of forfeiting all stores not mentioned in such list, and a fine of one hundred dollars.

 

§547.  All goods imported in any vessel, and which are not included in her inward manifest, shall be liable to seizure and confiscation; and the vessel and master shall be liable to a fine not exceeding one thousand dollars.

 

§548.  When all the goods included in the inward manifest, are not produced or accounted for to the collector, the vessel and master shall be liable for the appraised value of such deficiency, and the duties thereon, together with a fine not exceeding one thousand dollars.

 

§549.  Any collector may permit errors in manifests or entries to be corrected, in cases where it shall appear to his satisfaction, that there ha been neither wrong intention nor gross negligence: provided, the application to make such correction, be made within forty-eight hours after the date of the manifest, or entry, or previous to completing the unlading of the vessel.

 

§550.  The owner or consignee of goods, before obtaining a permit to discharge or land the same, under his oath, to the collector, a full statement of what is designed to be landed and sold, or consumed, with the invoice price, and the costs and charges, as follows:

 

INWARD ENTRY.

 

Entry of merchandise imported by ________, in the ________, of which ________ is master, from ________, at the Custom House in ________, Island of ________, Hawaiian Islands, this ___ day of ________, 18___

 

Port of  ________, Hawaiian Islands.

I, ________, do solemnly swear that the entry now subscribed with my name, and delivered by me to the Collector of ________, contains a true account of all goods, wares and merchandise imported for sale, for me, or on my account, or on account of any person, or of any house of trade, or partnership, in which I am concerned, at this port or its dependencies (saving such goods and merchandise as are described in the other entry or entries hereunto annexed) in the ________, whereof ________ Is maser, from ________; that the said entry contains a just and true account of the cost thereof, including all charges, as per original invoice.

Subscribed and sworn to this ___ day of ________, 18___

Before me,

________, Collector of Customs.

 

§550a.  When the costs and charges do not appear in the original invoice, two and one-half per cent. Shall be added to the value of the invoice to cover the same, and on the total of which the duty shall be charged.

 

§551.  Upon such entry being made, and the duties paid to the collector, or secured to be paid by bond, as hereinbefore prescribed, the collector shall grant to the consignee, or owner of said cargo, or of any part thereof intended to be landed, a permit to discharge in the following form:

 

No ___                                                            Custom House, ________, H. I.

 

Permission is hereby given to land the above merchandise, from on board the ________, whereof ________ is master, to order of ________

Dated ___ day ________, 18___

________, Collector of Customs.

 

§552.  The collector shall provide an officer, whose compensation shall be such as may be fixed by the Minister of Finance, on the recommendation of the Collector-General of Customs, to be present on board the vessel during her discharge, to superintend the landing of the goods, and see that no other or greater amount of goods are landed than is set forth on the permit.

 

§552a.  Every vessel of more than 500 tons, shall be allowed six days; and every vessel of 500 tons, and upwards, shall be allowed twelve days, after entry, in which to discharge, but for all days in excess, the compensation of the officer specified in the preceding section, shall be a charge against the vessel.  Sundays and holidays shall not be counted in the number of days allowed for discharge at the expense of the government.

 

§553.  Whenever any inward entry shall be made at the Custom House, the person making such entry shall exhibit to the collector the original invoices, and bills of lading, and verify the same by oath.

  

If goods of which entry shall be made, be not invoiced according to their actual cost at the place of export, with design to evade the whole or any part of the duties thereon, such goods, or the value thereof, to be recovered from the person making the entry, shall be forfeited.

 

§554.  The collectors of the several ports shall be ex officio inspectors, appraisers, and examiners, at their respective ports, in all cases requiring the inspection, appraisement, or examination of goods, wares and merchandise, or other property, entering or coming in any way into such port, without invoice, or when in his opinion undervalued upon the entry, or in any other case when in his judgment the same may be necessary.

 

§555.  Every collector shall have the power to order one or more packages, out of every invoice of goods imported into this Kingdom, to be designated by him, to be sent to the Custom House for inspection, or examination; and any master, owner, importer, or consignee, who shall refuse to obey any such order of any collector, shall be liable to a fine not exceeding one thousand dollars.

 

§556.  No person shall enter any goods, and secure the duties on them as principal in the bond, unless he is the ower or consignee at the time the vessel enters the port, or unless he is the authorized agent of such owner or consignee.

 

§557.  Whenever any vessel shall arrive at any port of entry in this Kingdom, having on board any wines, spirits, or any gunpowder, arms, or other munitions of war, or shall be taking on board any such goods for exportation, the collector of such port may immediately place on board of such vessel, one or more officers, whose duty it shall be to see that the revenue laws, and regulations of the port, are duly observed; said officer or officers shall remain on board such vessel until the goods are landed, or until the departure of said vessel.  Such officers shall be compensated as provided in Section 552.

 

§558.  No goods, or articles of any description, shall be landed at any of the ports of this Kingdom, on any Sunday, or national holiday; nor on other days except between sunrise and sunset, under penalty of seizure and confiscation.

 

§559.  In case of the transhipment of goods not landed in the Kingdom, the consignee or owner shall, before being entitled to a permit to tranship the same, furnish to the collector of Custom, a full statement of the goods intented to be transhipped, with their invoice price, as follows:

 

TRANSIT ENTRY.

 

Entry of merchandise intended to be transhipped from _________, whereof ________, is master, on board of ________, whereof ________ Is master.

                                                                       

Port of ________, Hawaiian Islands.

I, ________, do solemnly swear that the above entry contains a true account of all goods or articles, with the invoice, or estimate value thereof, intended to be transhipped by me, on board of ________, whereof ________ is master, and that they are truly intended to be exported by me in the said vessel to the port of ________, and are not intended to be landed in these Islands.

Subscribed and sworn to this ___ day of ________, 18___

Before me,

________, Collector of Customs.

 

§560.  The collector, after such transit entry has been duly made, may grant a permit to tranship, in the following form:

 

PERMIT TO TRANSHIP.

 

Permission is hereby given for the above merchandise to be transhipped from on board the _________, whereof ________ Is master, to the order of ________

________, Collector.

____, ________, 18___

 

§561.  An entry for statistical purposes, shall be made of all goods or other property imported into this Kingdom, which by law are admissible duty free, by the consignee or imported thereof; and the Collector of Customs shall provide suitable blanks for that purpose.

 

Section 1.  That Section 562 of the Civil Code be and the same is hereby repealed: provided, however, that nothing in this Act contained shall be construed to exempt any person transhipping any good, wares or merchandise without permit from the Collector of Customs, or who shall make out or pass, or attempt to pass, through any Custom House, any false, forged or fraudulent invoice, or any of his aiders and abettors, from the penalties prescribed in Section 655 of the Civil Code. *

 

*Sec. 562 imposed a transit duty.

 

Section 2.  That Section 563 of the Civil Code be and the same is hereby amended to read as follows:

 

§563.  All goods, wares and merchandise of every kind and descriptions whatsoever, imported into this Kingdom, shall upon exportation be entitled to a drawback equal to all duties payable upon such goods:  Provided that no good or liquors shall be entitled to drawback unless the same are exported in the original packages, and shall have been stored and remained in the public stores under the charge of the Collector of Customs.

 

§564.  If any goods entered for exportation, with intent to drawback the duties thereon, shall be landed without re-entry and payment of all charges, at any port or place within tis Kingdom, such goods shall be subject to seizure and forfeiture, together with the vessel from which they shall be landed; and any person concerned therein shall, on conviction thereof, be imprisoned at hard labor not exceeding six months, or fined not exceeding one thousand dollars.

 

OF PASSENGERS’ BAGGAGE

 

§565.  If the master of any vessel, arriving at any port of entry of this Kingdom, from a foreign port, shall suffer the baggage of any passenger on board of his vessel to be removed on shore from such vessel, unless a permit therefor has been obtained from the collector of the port, or his agent, such master shall be liable to a fine not exceeding fifty dollars, in the discretion of the Collector of Customs.

 

§566.  If any passenger arriving at a port of entry of this Kingdom, on board of a vessel coming from a foreign port, shall remove his baggage on shore from such vessel, without first obtaining a permit therefor from the collector of the port, or his agent, such passenger shall be liable to a fine not exceeding fifty dollars, in the discretion of the court.

 

OF WHALE SHIPS.

 

§567.  Every master of a whaling vessel shall enter his ship at the Custom House, within forty-eight hours after his arrival at any port of entry, and previous to discharging or shipping any seamen, or taking off any supplies or stores, under a penalty of not less than ten, or more than one hundred dollars, to be imposed by the Collector of Customs.

 

§568.  Every master of a whaling vessel shall, within forty-eight hours after his arrival, deliver under oath, at the Custom House, a list of all wines and spirits on board as stores, and a manifest of all cargo and freight, except the produce of his fishing, and the outfits, provisions, and furniture of his vessel, under the penalty of forfeiting all such stores, cargo or freight, as are not on the list of stores or the manifest, and a fine of one hundred dollars.

 

§569.  Every master of a whaling vessel who shall have duly entered his vessel at the Custom House, delivered all the necessary papers, and paid the legal charges due upon such entry, shall be entitled to a permit from the collector of trade, or barter goods, excepting spirituous liquors, for refreshments and supplies, to the amount of twelve hundred dollars, original invoice value, two hundred dollars of which shall be free of duties.  Said permit shall be as follows:

 

WHALERS’ PERMIT TO LAND MERCHANDISE.

 

CUSTOM HOUSE, ________, H. I.

 

Permission is hereby given to ________, master of the ________, whaler, to land from said vessel, goods, excepting spirituous liquors, as above named, the same being entered according to their marks, numbers and actual cost, delivered on board as per original invoice.

N.  B.—Oil and bone valued as follows:  Sperm oil, ________; whale oil, ________; bone, ________  All articles to be landed on this permit must be entered upon it with ink, and he value carried out before leaving the vessel.

________, Collector.

 

To which shall be added the following deposition:

                                                                       

Port of _________, H. I.

I, ________, master of the ________, do depose on oath that I have not exceeded the value of ___ dollars, in trade or barter with the inhabitants of this port, or its jurisdiction, since my entry on the ___ day of ________, 18___, and I have not landed, or allowed to be landed from my said vessel, any goods other than what are included in this permit.

_________

Subscribed and sworn to before me this ___ day of ________, 18___

________, Collector

 

§570.  The privilege to trade or barter granted to whaling vessels in the last preceding section, may be used at one or more ports of the Kingdom, but shall not be construed so as to permit any such vessel to trade or barter goods to a greater amount, in all, than that prescribed in the last preceding section, during one visit to the Kingdom.

 

§571.  The permits to trade or barter, given to whaling vessels, do not include the trade, sale, landing, or disposal of spirituous liquors; and all such traffic on the part f such vessels, shall subject them to all the charges of merchant vessels, and to all other legal liabilities.

 

§572.  The same duties shall be exacted of whaling vessels, as are exacted of merchant vessels, for any goods landed or disposed of by them, exceeding the value of two hundred dollars; and in case such excess amounts to more than one thousand dollars, they shall be deemed in law to have become merchantmen, and be subjected to all the charges of merchant vessels.

 

§573.  Every master of a whaling vessel who shall ail to produce his permit, when called for by any officer of customs, shall be liable to a fine of not less than ten, nor more than fifty dollars, to be imposed by the collector.

 

 

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