.2 STAT.] 75TH CONG. , 3D SESS.-CH. 476-JUNE 16, 1938 States without a clearance, or if the master delivers a false manifest, or does not answer truly the questions demanded of him, or, having received a clearance adds to the cargo of such vessel without having mentioned in the report outwards the intention to do so, or if the departure of the vessel is delayed beyond the second day after obtain- ing clearance without reporting the delay to the collector, the master or other person having the charge or command of such vessel shall be liable to a penalty of not more than $1,000 nor less than $500, or if the cargo consists in any part of narcotic drugs, or any spirits, wines, or other alcoholic liquors (sea stores excepted), a penalty of not more than $5,000 nor less than $1,000 for each offense, and the vessel shall be detained in any port of the United States until the said penalty is paid or secured: Provided, That in order that the commerce of the United States may move with expedition and without undue delay, the Secretary of Commerce is hereby authorized to make regulations permitting the master of any vessel taking on cargo for a foreign port or for a port in noncontiguous territory belonging to the United States to file a manifest as hereinbefore provided, and if the manifest be not a complete manifest and it so appears upon such manifest, the collector of customs may grant clearance to the vessel in the case of an incomplete manifest, taking from the owner of the vessel, who may act in the premises by a duly authorized attorney in fact, a bond with security approved by the collector of customs in the penal sum of $1,000, conditioned that the master or someone for him will file a com- pleted outward manifest not later than the fourth business day after the clearance of the vessel. In the event that the said complete out- ward manifest be not filed as required by the provisions of this sec- tion and the regulations made by the Secretary of Commerce in pur- suance hereof, then a penalty of $50 for each day's delinquency beyond the allowed period of four days for filing the completed mani- fest shall be exacted, and if the completed manifest be not filed within the three days following the four-day period, then for each succeed- ing day of delinquency a penalty of $100 shall be exacted. Suit may be instituted in the name of the United States against the principal and surety on the bond for the recovery of any penalties that may accrue and be exacted in accordance with the terms of the bond." SEC. 2 . Section 4200 of the Revised Statutes of the United States (U. S . C., 1934 edition, title 46, sec. 92), is amended to read as follows: "Before a clearance shall be granted for any vessel bound to a foreign port, the owners, shippers, or consignors of the cargo of such vessels shall deliver to the collector manifests of the cargo, or the parts thereof shipped by them respectively, and shall verify the same by oath. Such manifests shall specify the kinds and quantities of the articles shipped respectively, and the value of the total quan- tity of each kind of article; and the oath to each manifest shall state that it contains a full, just, and true account of all articles laden on board of such vessel by the owners, shippers, or consignors, respec- tively, and that the values of such articles are truly stated, according to their actual cost, or the values which they truly bear at the port and time of exportation. And before a clearance shall be granted for any such vessel, the master of that vessel, and the owners, ship- pers, and consignors of the cargo, shall state, upon oath, to the collector, the foreign port or country in which such cargo is truly intended to be landed. The oaths shall be taken and subscribed in writing: Provided, That in order that the commerce of the United States may move with expedition and without undue delay, the Sec- retary of Commerce is hereby authorized to make regulations per- mitting the clearance of a vessel having on board cargo destined to a foreign port or to a port in noncontiguous territory belonging to 759 False manifest, etc. Adding to cargo; de- parture delayed with- out reporting delay. Penalty. In case of narcotics, spirits, etc. Enforcement. Proviso. Clearance without filing complete mani- fest, etc.; bond. Penalty for delin- quency. Suit for recovery of penalties. R.S. 4200. 46U.. C. §92. Post, p. 1248. Shippers', etc. manifests. Verification. Contents. Sworn statement as to destination. Proviso. Clearance without filing manifest, etc.; bond. Post, p. 1248.
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