Page:United States Statutes at Large Volume 18 Part 1.djvu/657

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Trrr.n xxx1v.—COLLECTl0N OF DUTIES.-Ch. 9. 585 the duties on the merchandise were paid, a debenture or debentures, for the amount of the drawback expressed in the certificate, payable at the same time, and rn like manner as is herein directed for debentures on merchandise exported from the port of original importation. _ Sec. 3042. T e collector may refuse to grant such debenture, in case R°f“S“l °f d°' it shall appear to him that any error has arisen. or any fraud has been *EEBii__- coinrmtted: and in case of such refusal, if the debenture claimed shall 2 MM-.1799. C- exceed one hundred dollars, it shall be the duty of the collector to rep- gg:]. ”· 8°· "· r P· resent the case to the Secretary, of the Treasury, who shall determine ' whether such debenture shall be granted or not. In no case, moreover, of an exportation of goods shall a drawback be paid. until the duties on the importation thereof shall have been first received. Sec. 3043. Before the receipt of any debenture, in case of exportation Bond fvr delivfrom the district of original importation, and in case of exportation from ‘“'Y°ff"‘°‘C°h““d‘°° any other district before the receipt of any such certificate, as is herein- before required to be granted, the person applying for such debenture or 2 M=¤‘·» W99, <=· certificate shall, previous to such recei t, and before the clearance of the gg;) °· SL "· r P· vessel in which the merchandise was linden for exportation, give bond, ' with one or more sureties, to the satisfaction of the collector, who is to grant such debenture or certificate, as the case may be, in a sum equal to double the amount of the sum for which such debenture or certificate is granted, conditioned that such merchandise, or any rt thereof, shall not be relanded in any port within the limits of the llyriited States, and that the exporter shall produce, within the time herein limited, the roofs and certificates require of such merchandise having been delivered) without such limits. Sec. 3044. All bonds which may be given for any merchandise exported Discharge of from the United States, and on which any drawback of duties or allow- b<>¤d· ance shall be yable, in virtue of such exportation, shall and may be 2 Mn, hea]? discharged, andm not otherwise, by producing within one year from the 22, s. 81, v. 1, p. date thereof, if the exportation be made to any port of Europe or Amer- 690- ica, or within two years, if made to any part of Asia or Africa, a certificate under the hand of the consignee at the foreign port to whom the merchandise shall have been addressed, therein particularly setting forth and describing the articles so ezqported, their marks, numbers, description of packages, the number ereof, and their actual contents, and declaring that the same have been received by them from on board the vessel, specifying the names of the master and vessel from which thsiv were so received; and where such merchandise is not consigned or - dressed to any particular person at the foreign port to which the vessel is destined, or may arrive, but where the master, or other person on board such vessel may be the consignee of such merchandise, a certificate from the person to whom such merchandise may be sold or delivered, by such master or other person, shall be produce to the same effect as that required if the person receiving the same were originally intended to be the consignee thereof. Sec. 3045. In addition to such certificate, it shall be necessary to pro- Consul’s certifiduoe a certificate under the hand and seal of the consul or agent of the cam- United States, residing at the place, declaring either that the facts 2 Man, 1799, C, stated in the certificate of such consignee, or other person, are to his 22, 8. 81, v. 1. p. knowledge true, or that such certificate is deserving of full faith and 690- credit; which certificates of the consignee, or other person, and consul or agent, shall, in all cases, as respects the landing or delivery of the merchandise, be confirmed by the oath of the master and mate, if livirg, or, in case of their death, by the oath of the two principal surviving o - cars of the vessel in which the exportation shall e ma e. Where there is no consul or agent of the United States residing at the place of delivery, the certificate of the consignee, or other person ereinbefore required, shall be confirmed by the certificate of two reputable American merchants residing at the place, or if there are no such American merchants, then by the certificate of two reputable foreign merchants, testifying , that the several facts stated in such consignee or other person’s certificate, are, to their knowledge, just and true, or that such certificate is, in