Definition of CLEARANCE


CLEARANCE

com. law. The name of a certificate given by the collector
of a port, in which is stated the master or commander (naming him) of a
ship or vessel named and described, bound for a port, named, and having
on board goods described, has entered and cleared his ship or vessel according
to law.

2. The Act of Congress of 2d March, 1790, section 93, directs, that the
master of any vessel bound to a foreign place, shall deliver to the collector
of the dis ot from which such vessel shall be about to depart, a manifest
of all the cargo on board, and the value thereof, by him subscribed, 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 forfeit and pay the sum of five hundred dollars
for every such offence. Provided, anything to the contrary notwithstanding,
the collectors and other officers of the customs shall pay due regard to
the inspection laws of the states in which they respectively 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
certificate, that all such goods have been duly inspected, as the laws of
the respective states do or may require, to be produced to the collector
or other officer of the customs. And provided, that receipts for the payment
of all legal fees which shall have accrued on any vessel, shall, before
any clearance is granted, be produced to the collector or other officer
aforesaid .

3. According to Boulay-Paty, Dr. Com. tome 2, p. 19, the clearance is imperiously
demanded for the safety of the vessel; for if a vessel should be found without
it at sea, it may be legally taken and brought into some port for adjudication,
on a charge of priacy. Vide Ship"s papers.

Source: Bouviers Law Dictionary 1856 Edition

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