[V. IMPORTATION OF DRUGS, MEDICINES, ETC. EXAMINATION.] Sec. 2611. [Oath of special examiners of drugs.] Special examiners of drugs, medicines, chemicals, and so forth, shall, before entering upon their duties, take and subscribe an oath faithfully and diligently to perform such duties, and to use their best endeavors to prevent and detect frauds upon the revenue of the United States; which oath shall be administered by the collector of the port or district where the examiner making it is employed. [R. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 239. Sec. 2612. [Instructions to prevent importation of adulterated drugs.] The Secretary of the Treasury shall give to the collectors of districts for which an examiner of drugs, medicines, and chemicals is not provided by law, such instructions as he may deem necessary to prevent the importation of adulterated and spurious drugs and medicines. [R. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 238. Sec. 2743. [Special examiners of drugs.] The salaries of the special examiners of drugs, medicines, chemicals, and so forth, except at New York and San Francisco, shall be one thousand dollars a year, and shall be paid each year quarterly. [R. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 238. Salaries increased. See the amendments of this section by the Act of June 11, 1884, ch. 75, and the Act of July 1, 1902, ch. 1379, given in the next paragraphs of the text. Appraiser as special examiner. See R. S. sec. 2938 infra. - An act to amend section twenty-seven hundred and forty-three of the Revised Statutes concerning the examination of drugs. [Act of June 11, 1884, ch. 75, 23 Stat. L. 40.] [Salary of special examiner of drugs in Boston, Mass.] That section. twenty-seven hundred and forty-three of the Revised Statutes is hereby so amended that the special examiner of drugs, medicines, chemicals, chemical preparations, dyes and dye-stuffs, paints, oils, varnishes, and other similar articles, at Boston, in Massachusetts, shall receive a salary of two thousand five hundred dollars, per annum, and shall be paid each year quarterly. [23 Stat. L. 40.] An Act To amend section twenty-seven hundred and forty-three of the Revised [Act of July 1, 1902, ch. 1379, 32 Stat. L. 730.] [Salary of special examiner of drugs at Philadelphia.] That section. twenty-seven hundred and forty-three of the Revised Statutes be, and it hereby is, so amended that the special examiner of drugs, medicines, chemicals, chemical preparations, dyes, dyestuffs, paints, oils, varnishes, and other similar articles, at Philadelphia, Pennsylvania, shall receive a salary of one thousand eight hundred dollars per annum, and shall be paid each year quarterly. [32 Stat. L. 730.] Sec. 2744. [Special examiner of drugs at San Francisco.] The special examiner of drugs, chemicals, medicines, and so forth, at San Francisco, shall receive a salary of two thousand dollars a year. [R. S.] Act of Aug. 18, 1856, ch. 129, 11 Stat. L. 92. Sec. 2933. [Examination of medicines.] All drugs, medicines, medicinal preparations, including medicinal essential oils and chemical preparations, used wholly or in part as medicine, imported from abroad, shall, before passing the custom-house, be examined and appraised, as well in reference to their quality, purity, and fitness for medical purposes, as to their value and identity specified in the invoice. [R. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 237. Sec. 2934. [Name of proprietor and place of preparation to be affixed to medicines.] All medicinal preparations, whether chemical or otherwise, usually imported with the name of the manufacturer, shall have the true name of the manufacturer and the place where they are prepared, permanently and legibly affixed to each parcel by stamp, label, or otherwise; and all medicinal preparations imported without such names so affixed shall be adjudged to be forfeited. [B. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 238. Sec. 2935. [Return upon examination.] If, on examination, any drugs, medicines, medicinal preparations, whether chemical or otherwise, including medicinal essential oils, are found, in the opinion of the examiner, to be so far adulterated, or in any manner deteriorated, as to render them inferior in strength and purity to the standard established by the United States, Edinburgh, London, French, and German pharmacopoeias and dispensatories, and thereby improper, unsafe, or dangerous to be used for medicinal purposes, a return to that effect shall be made upon the invoice, and the articles so noted shall not pass the custom-house, unless, on a re-examination of a strictly analytical character, called for by the owner or consignee, the return of the examiner shall be found erroneous, and it is declared as the result of such analysis, that the articles may properly, safely, and without danger, be used for medicinal purposes. [R. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 238. Sec. 2936. [Appeal from examination.] The owner or consignee shall at all times, when dissatisfied with the examiner's return, have the privilege of calling, at his own expense, for a re-examination; and the collector, upon receiving a deposit of such sum as he may deem sufficient to defray such expense, shall procure some competent analytical chemist possessing the confidence of the medical profession, as well as of the colleges of medicine and pharmacy, if any such institutions exist in the State in which the collection-district is situated, to make a careful analysis of the articles included in the return, and a report upon the same under oath. In case this report, which shall be final, shall declare the return of the examiner to be erroneous, and the articles to be of the requisite strength and purity, according to the standards referred to in the next preceding section, the entire invoice shall be passed without reservation, on payment of the customary duties. [R. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 238. By the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 247, this section was amended to read as above given by inserting the words "to make" after the word "situated." Sec. 2937. [Exportation of rejected articles.] If the examiner's return, however, shall be sustained by the analysis and report, the articles shall remain in charge of the collector, and the owner or consignee, on payment of the charges of storage and other expenses necessarily incurred by the United States, and on giving a bond with sureties satisfactory to the collector to land the articles out of the limits of the United States, shall have the privilege of re-exporting them at any time within the period of six months after the report of the analysis; but if the articles shall not be sent out of the United States within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed, and hold the owner or consignee responsible to the United States for the payment of all charges, in the same manner as if the articles had been re-exported. [R. S.] Act of June 26, 1848, ch. 70, 9 Stat. L. 238. Sec. 2938. [Appraiser as special examiner.] One of the assistant appraisers at the port of New York, to be appointed with special reference to his qualifications for such duties, shall, in addition to the duties that may be required of him by the appraiser, perform the duties of a special examiner of drugs, medicines, chemicals, and so forth. [R. S.] An act to provide for the execution of the provisions of article two of the treaty concluded: between the United States of America and the Emperor of China on the seventeenth day of November, eighteen hundred and eighty, and proclaimed by the President of the United States on the fifth day of October, eighteen hundred and eighty-one. [Act of Feb. 23, 1887, ch. 210, 24 Stat. L. 409.] [SEC. 1.] [Importation of opium by Chinese prohibited.] That the importation of opium into any of the ports of the United States by any subject of the Emperor of China is hereby prohibited. Every person guilty of a violation of the preceding provision shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars nor less than fifty dollars, or by imprisonment for a period of not more than six months nor less than thirty days, or by both such fine and imprisonment, in the discretion of the court. [24 Stat. L. 409.] SEC. 2. [Forfeiture.] That every package containing opium, either in whole or in part, imported into the United States by any subject of the Emperor of China, shall be deemed forfeited to the United States; and proceedings for the declaration and consequences of such forfeiture may be instituted in the courts of the United States as in other cases of the violation of the laws relating to other illegal importations. [24 Stat. L. 409.] SEC. 3. [Citizens of United States prohibited from traffic in opium in China -punishment - jurisdiction — forfeiture.] That no citizen of the United States shall import opium into any of the open ports of China, nor transport the same from one open port to any other open port, or buy or sell opium in any of such open ports of China, nor shall any vessel owned by citizens of the United States, or any vessel, whether foreign or otherwise, employed by any citizen of the United States, or owned by any citizen of the United States, either in whole 'Duty on opium. - See title CUSTOMS DUTIES, vol. 2, p. 372. or in part, and employed by persons not citizens of the United States, take or carry opium into any of such open ports of China, or transport the same from one open port to any other open port, or be engaged in any traffic therein between. or in such open ports or any of them. Citizens of the United States offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars nor less than fifty dollars, or by both such punishments, in the discretion of the court. The consular courts of the United States in China, concurrently with any district court of the United States in the district in which any offender may be found, shall have jurisdiction to hear, try, and determine all cases arising under the foregoing provisions of this section, subject to the general regulations provided by law. Every package of opium or package containing opium, either in whole or in part, brought, taken, or transported, trafficked, or dealt in contrary to the provisions of this section, shall be forfeited to the United States, for the benefit of the Emperor of China; and such forfeiture, and the declaration and consequences thereof, shall be made, had, determined, and executed by the proper authorities of the United States exercising judicial powers within the Empire of China. [24 Stat. L. 409.] FOREIGN AFFAIRS. See DIPLOMATIC AND CONSULAR OFFICERS; FOREIGN RELATIONS; STATE DEPARTMENT. FOREIGN COINS. See COINAGE, MINTS, AND ASSAY OFFICES; COUNTERFEITING AND FORGING. FOREIGN COMMERCE. See ANIMALS; CUSTOMS DUTIES; DIPLOMATIC AND CONSULAR Officers; FOOD AND DRUGS; IMPORTS AND EXPORTS; SHIPS AND SHIPPING; STATE DEPARTMENT. FOREIGN MAIL SERVICE. 3 F. S. A.-10 See POSTAL SERVICE. 145 Volume III. FOREIGN RELATIONS. R. S. 5335. Criminal Correspondence with Foreign Governments. CROSS-REFERENCES. See generally DIPLOMATIC AND CONSULAR OFFICERS; EXTRADITION; NEUTRALITY; PASSPORTS; SLAVE TRADE; TREASON. Management of, see STATE DEPARTMENT. Postal Conventions, see POST-OFFICE DEPARTMENT. Sec. 5335. [Criminal correspondence with foreign governments.] Every citizen of the United States, whether actually resident or abiding within the same, or in any foreign country, who, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government, or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government, or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of, or resident within, the United States, and not duly authorized, who counsels, advises, or assists in any such correspondence, with such intent, shall be punished by a fine of not more than five thousand dollars, and by imprisonment during a term not less than six months, nor more than three years; but nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government, or any of its agents or subjects. [R. S.] Act of Jan. 30, 1799, ch. 1, 1 Stat. L. 613. DIPLOMATIC AND CONSULAR OFFICERS, vol. 2, Correspondence by diplomatic or consular p. 814. officers with regard to public affairs, see FOREST FIRES. See TIMBER LANDS AND FOREST RESERVES. FOREST RESERVATIONS. See TIMBER LANDS AND FOREST RESERVES: |