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of the ports specified in the seventh section thereof, in such manner and under such rules and regulations as the Secretary of the Treasury may prescribe"; and merchandise such as pig-iron, spiegle-iron, scrap-iron, iron-ore, railroad-iron, and similar articles commonly transported upon platform or flat cars 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 seals may be used for such purposes; 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 "where the route is bonded for both land and water carriage,” 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. * (21 Stat. 174. 23 Stat. 63. 24 Stat. 411.)
See notes to section 1 of this act, ante, $ 5695.
This section, as originally enacted, required that merchandise transported under the provisions of this act should be conveyed in vehicles securely fastened with locks or seals under the exclusive control of the customs officers, and authorized the transportation of merchandise by express companies on passenger trains in safes and trunks of the size, character, and description and secured in the manner prescribed by the Secretary of the Treasury; and it authorized express companies to transport in a separate compartment of the car merchandise imported in boxes or packages too large to be included in safes or trunks, and when so transported, secured in the manner prescribed by the Secretary of he Treasury; and merchandise such as pig iron, railroad iron, and the like, commonly transported upon flat cars, was authorized to be transported upon such cars, upon the ascertainment of the weight of the article before shipment. It also provided for the stationing of inspectors at points along the designated routes, or upon any car, vessel, vehicle, or train, at the discretion of the said Secretary, and at the expense of the respective companies. It prohibited the unloading or transshipping between ports of first arrival and final destination, unless authorized by the regulations of the said Secretary, or arising from accidents or legal intervention, or by reason of the length of the route the cars, after due inspection by customs officers, should be considered unsafe to proceed further, or from low water, ice, or other unavoidable obstruction to navigation; and it absolutely prohibited the breaking of the origiDal packages.
This section as amended by Act July 2, 1884, c. 142, cited above, was further amended to read as set forth here by Act Feb. 23, 1887, c. 215, cited above. It was further amended so as to allow the shipment in certain cases in cars not secured by the prescribed customs fastenings, by Act Feb. 2, 1899,
c. 84, set forth post, 5699. $ 5699. (Act Feb. 2, 1899, c. 84.) Cording and sealing packages
in unlocked cars. Section five of the Act approved June tenth, eighteen hundred and eighty, governing the immediate transportation of dutiable goods without appraisement, be, and the same is hereby, so amended as to allow common carriers bonded under the provisions of said Act, in instances where a sufficient quantity of such merchandise is not offered at the port of first arrival to fill an entire car, or compartment thereof, to forward such merchandise in cars not secured by the prescribed customs fastenings if the packages are corded and sealed, under regulations to be prescribed by the Secretary of the Treasury; in all other respects the provisions of the Act referred to to remain in full force. (30 Stat. 814.)
Section 5 of the Immediate Transportation Act, mentioned in and amended
by this section, is set forth ante, $ 5698. § 5700. (Act June 10, 1880, c. 190, $ 6, as amended, Act July 2, 1884,
c. 142.) Transfer of merchandise directly from vessel to car
or other vehicle. Merchandise so destined for immediate transportation shall be transferred, under proper supervision, directly from the importing vessel to the car, vessel, or vehicle specified in the entry provided for in section two of this act. (21 Stat. 174. 23 Stat. 63.)
See notes to section 1 of this act, ante, $ 5695. This section, as originally enacted, provided that merchandise destined for immediate transportation should be transferred under proper supervision directly from the importing vessel to the car or vehicle in which the same should be transported to its final destination. It was amended to read as set forth
here by Act July 2, 1884, c. 142, cited above. $ 5701. (R. S. $ 2998.) Penalty for breaking, entering, etc.
Any person maliciously opening, breaking, or entering, by any means whatever, any car, vessel, vehicle, warehouse, or package containing any such merchandise so delivered for transportation, or removing, injuring, breaking, or defacing any lock or seal placed upon such car, vessel, vehicle, warehouse, or package, or aiding, abetting, or encouraging any other person or persons so to removė, break, injure, or deface such locks or seals, or to open, break, or enter such car, vessel, or vehicle, with intent to remove or cause to be removed unlawfully any merchandise therein, or in any manner to injure or defraud the United States; and any person receiving any merchandise unlawfully removed from any such car, vessel, or vehicle, knowing it to have been so unlawfully removed, shall be guilty of felony, and in addition to any penalties heretofore prescribed shall be punishable by imprisonment for not less than six months nor more than two years.
Act July 14, 1870, c. 255, $ 37, 16 Stat. 271. The words of this section, “such merchandise so delivered for transportation," rei to provisions of R. S. $82990-2997, repealed by the Immediate Transportation Act of June 10, 1880, c. 190, § 8, 21 Stat. 175, other sections of which act, making provisions of like nature, are set forth ante, 88 5695
5698, 5700, and post, $8 5702, 5701. § 5702. (Act June 10, 1880, c. 190, § 7, as amended, Act June 20,
1884, c. 103, Act Feb. 9, 1887, c. 123, and Act June 30, 1892, c.
137.) Ports to which goods may be transported in bond. The privilege of immediate transportation shall extend 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, Bridgeport, and Hartford in Connecticut; Philadelphia and Pittsburg, in Pennsylvania; Baltimore, Crisfield and Annapolis, in Maryland; Wilmington, and Seaford, in Delaware; Salem, Massachusetts; Georgetown in the District of Columbia; Norfolk, Newport News, Richmond and Petersburgh, 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, Saint Augustine, and Apalachicola, in Florida: Provided, That the privilege of transportation herein conferred shall not extend to any place at which there are not the necessary officers for the appraisement of merchandise and the collection of duties. (21 Stat. 174. 23 Stat. 48. 24 Stat. 392. 27 Stat. 61.)
See notes to section 1 of this act, ante, $ 5695.
This section was amended by inserting after the word “Norfolk” the words “Newport News,” by Act June 20, 1884, c. 103, cited above, and was further amended by inserting after the word “Middletown” the word “Bridgeport,” by Act Feb. 9, 1887, c. 123, cited above, and was further amended by inserting after the words “Key West” the words “Saint Augustine," as set forth here, by Act June 30, 1892, c. 137, cited above.
This act was amended so as to allow merchandise liable to specific rates of duty only to be entered for immediate transportation without appraisement to the ports mentioned in section 7, by Act Feb. 23, 1887, c. 218, post, $ 5703.
The privileges of this section were extended to additional ports which were made ports of entry, with the privileges of the Immediate Transportation Act, as “heretofore existing," by articles I-III of the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, $ 1, ante, $ 5327, and afterward the privileges were extended to other ports. The ports to which said privileges were extended and the acts providing therefor were as follows:
Albany, N. Y. Act Feb. 19, 1890, c. 14, 26 Stat. 8.
Des Moines, Iowa. Act April 7, 1892, c. 37, 8 1, 27 Stat. 14.
c. 814, § 2, 26 Stat. 363. Act July 1, 1902, c. 1359, 32 Stat. 636. Sioux City, Iowa. Act Sept. 25, 1890, c. 909, 26 Stat. 466. South Manchester, Conn. Act March 23, 1900, c. 89, 31 Stat. 50. Spokane, Wash. Act May 3, 1906, c. 2079, 34 Stat. 168. Springfield, Mass. Act Sept. 25, 1890, c. 912, 26 Stat. 467. Stamford, Conn. Act Feb. 24, 1908, c. 35, 35 Stat. 35. Superior, Wis. Act June 29, 1906, c. 3625, 34 Stat. 631. Syracuse, N. Y. Act May 18, 1896, c. 191, 29 Stat. 121. Tacoma, Wash. Act March 1, 1889, c. 310, 25 Stat. 750. Act Aug. 28, 1890,
c. 814, § 2, 26 Stat. 363. Act July 1, 1902, c. 1359, 32 Stat. 636. Tampa, Fla. Res. May 1, 1886, No. 12, 24 Stat. 342. Utica, N. Y. Act March 24, 1904, c. 815, 33 Stat. 145. Vanceboro, Me. Act July 21, 1892, c. 215, 27 Stat. 254. Worcester, Mass. Act June 6, 1900, c. 818, 31 Stat. 682. Georgetown, in the District of Columbia, mentioned in this section, was in. corporated in and made a part of the city of Washington. Eagle Pass was made a port of entry in place of Indianola, mentioned in this section, by Act Sept. 25, 1890, c. 917, § 2, 26 Stat. 470. The port of Wilmington, Cal., mentioned in this section, was abolished by Act March 31, 1892, c. 29, § 4, 27 Stat. 12, and the ports of Seaford, Port Royal, Alton, Quincy, La Crosse, Burlington, Keokuk, and Leavenworth were abolished by the Plan of Reorganization of the Custom Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, & 5327.
The ports entitled to the privileges of this section were named in the Treasury Department's Circular of July 1, 1913, as follows:
"Ports to which merchandise may be transported without appraisement under the Act of June 10, 1880. Albany, N. Y.
Grand Haven, Mich. Pittsburgh, Pa.
Grand Rapids, Mich. Port Arthur, Tex.
Port Huron, Mich.
Greenwich, Conn. Portland, Me.
Honolulu, Hawaii. Portsmouth, N. H. Bellingham, Wash. Houston, Tex.
Port Townsend, Wash. Birmingham, Ala. Indianapolis, Ind. Providence, R. I. Boston, Mass.
Jacksonville, Fla. Richmond, Va.
Rochester, N. Y.
St. Augustine, Fla.
St. Joseph, Mo.
St. Louis, Mo.
St. Paul, Minn.
Sabine Pass, Tex.
Salt Lake City, Utah.
San Antonio, Tex.
Middletown, Conn. 4 San Diego, Cal.
Minneapolis, Minn. San Francisco, Cal. Council Bluffs, Iowa.2 Mobile, Ala.
Sault Ste. Marie, Mich.
New Haven, Conn. South Manchester, Coon.$ Dubuque, Iowa.
New Orleans, La. Spokane, Wash.
Newport News, Va. Stamford, Conn.8
Niagara Falls, N. Y. Syracuse, N. Y,
Toledo, Ohio. Evansville, Ind.
Utica, N. Y.
Ogdensburg, N. Y. Vanceboro, Me.
Washington, D. C.
Wilmington, N. C.
Philadelphia, Pa. 1 Merchandise should be consigned on 1. T. entry and manifests delivered to deputy collector of customs at Erie, who will permit delivery under article IX of reorganization.
* Merchandise should be consigned on 1. T. entry and manifests delivered to collector of customs at Omaha, Neb., who will permit delivery under article IX of reorganization.
* Merchandise should be consigned on 1. T. entry and manifests delivered to collector of customs at headquarters port, who will permit delivery under article IX of reorganization.
Mercbandise should be consigned on I. T. entry and manifests delivered to deputy collector of customs at Hartford, who will permit delivery under article IX of reorganization."