CLEARANCE. A certificate given by the collectOr of a port, in which it is :stated that the master or commander (naming him) of a ship or vessel named and desoribed, 'bound for a port named (and. having on board goods described, in case the master requires the particulars of his cargo to be stated in such clearance), has entered and cleared his ship or vessel according to law.
This certificate, or clearance, evidences the right of the-vessel to her voyager and clearance has therefore been properly defined as a permivaion to The same term iA also need to. signify the Act of clearing. Worcester, Diet.
2. The'sixteenth section of the' act of An 1856; diplomatic and consular Systems of the United States, makes it the duty of the collecter of the customs, whenever any clearance is granted to any ship or vessel of the United States, dulyregis tared as ouch, and bound on any. foreign voy age, to annex thereto, in every case, a copy of the rates or tariff of fees which shall be -allowed in pursuance of the provisions of that act. ..See.the form-of clearance and tariff"of fees, Regulations under Revenue Laws, 1857, 90, 91, art. 123, 124,125.
3. The act of congress of 2d March, 1799, section 93 (1 V. S. Stat. at Large, 698), directs that the master of nny vessel bound to a for eign port oulace shall deliver to the collector pf the district from which such vessel shall be about to depart a manifest of all the on hoard, and. the value thereof, by him sub scribed, and Shall' swear or affirm to the truth thereof; whereupon the collector shall grant a clearance for such vessel and her cargo, but without specifying the particulars thereof in Such clearance, unless required by the master so to do. And if any vessel bound to any foreign place shall depart on her voyage to such foreign place without delivering such a manifest and obtaining a clearance, the Master shall pay the sum of five hundred dollars for every such offence: pro vided, that the collectors and other officers of the customs shall pay due regard to the in spection laws of the states in which they re spectively act, in such manner that no vessel having. on board goods liable to inspection
shall be cleared out until the master or other person shall have produced such certifi cate, that all such goods have been duly in spected, as the laws of .the respective states do or may require to be produced to the col lector or other officer of the customs ; and provided, that receipts for the payment of all legal fees which_shall haye accrued on- any vessel shall, before auy clearance is ranted, be produced to the collector or uthd.IE officer aforesaid.
- The llth section of the act of February 10, -1820 (3 U. S.' Stat. at Large, 542) pro ifides that, before a clearance shall be granted for any vessel bound to a foreign place, the owners, shippers, or consignors of the .cargo on board of such.vessel shall deliver to the collector manifests of the cargo, or the parts thereof shipped by them respectively, and shall •verify the same by oath or affirma tion ; and Such manifests _shall specify the -kind's and rjuantities of the articles shipped by them respectively, and the.value of the 'total quantity of 'each kind of articles; and such oath or affirmation shall state-that such mani fest contains a full, just, and true account'of all articles laden on board of such vessel by the owners, shippers, or consignors- respectively, 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 every such vessel, and the owners, shippers, and consignors. of the cargo, shall state, upon affirmation,, to the collector, the foreign place or country in which such cargo is truly be landed . and the said oath or affirmation shall be taken and subscribed in writing.