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shall be subject to revision and correction by the appraiser, and when approved by him shall be transmitted to the collector, and shall be deemed an appraisement by the United States local appraiser of the district of such merchandise required by law. The assistant appraisers at Boston, Philadelphia, and San Francisco, shall take and subscribe an oath diligently and faithfully to examine and inspect such merchandise as the principal appraisers may direct, and truly to report to them the true value thereof, according to law.
Act May 28, 1830, c. 147, § 2, 4 Stat. 409. Act July 27, 1866, c. 284, 8
2, 14 Stat. 302. Act July 14, 1870, c. 255, 88 34-36, 16 Stat. 271. § 5350. (R. S. § 2616.) Oath of office of customs officers.
Every officer, clerk, or employé appointed under this Title shall, before entering upon his duties, take and subscribe an oath in addition to the oath of office prescribed by section seventeen hundred and fifty-six or section seventeen hundred and fifty-seven, Title "Provisions applying to several classes of officers,” that he will use his best endeavors to prevent and detect frauds against the laws of the United States imposing duties upon imports.
Act March 2, 1799, c. 22, & 20, 1 Stat. 641. Act March 3, 1817, c. 109, $ 7, 3 Stat. 397. Act July 30, 1816, c. 74, § 9, 9 Stat. 44. Act May 9, 1848, C. 40, 9 Stat. 220. Act June 26, 1848, c. 70, $ 6, 9 Stat. 239.
R. S. $ 1756, one of the sections mentioned in this section as prescribing an oath of office, was repealed by Act May 13, 1884, c. 46, $ 2, ante, $ 3216.
Provisions authorizing the collectors of customs to administer the oath required by this section, providing for the filing of duplicates thereof, and imposing a penalty for failure to comply therewith, were made by Act Feb. 8,
1875, c. 36, § 11, post, $ 5353. § 5351. (R. S. § 2617.) Who may administer oath of office.
The oath of office required by law to be taken by a collector may be taken before any magistrate authorized to administer oaths within the district to which such collector belongs. The oath required to be taken by any other person appointed to any office under this Title shall be taken before the collector of his district.
Act March 2, 1799, c. 22, § 20, 1 Stat. 641. Act July 30, 1846, c. 74, $ 9, 9 Stat. 44. Act June 26, 1848, c. 70, 8 6, 9 Stat. 239.
Similar provisions for taking the required oath before the collector or other officer were made by Act Feb. 8, 1875, c. 36, § 11, post, & 5353.
The officers authorized to administer the oath of office were designated in R.
8. § 1758, ante, $ 3220. § 5352. (R. S. § 2618.) Certification, etc., of oath.
The oath of office administered to any person appointed to any office under this Title shall be certified under the hand and seal of the person by whom the same shall have been administered, and shall, within three months thereafter, be transmitted to the [Commissioner of Customs). In default of taking such oath, or of transmitting a certificate thereof, the person failing shall be liable to a penalty of two hundred dollars.
Act March 2, 1799, c. 22, 20, 1 Stat. 641, 642.
Provisions similar to those of this section were made by Act Feb. 8, 1875, C. 36, § 11, post, $ 5353.
The words of this section, “Cominissioner of Customs," inclosed in brackets, were superseded by the abolition of the office and the transfer of the powers and duties thereof to the Comptroller of the Treasury, by the Dockery Act of July 31, 1894, c. 174, § 4, ante, g 402. All provisions of law not inconsistent with said act, in any way relating to the Commissioner of Customs, are held by said section 4, to relate to the Comptroller of the Treasury.
The copy of the oath of subordinate customs officers was required to be transmitted to the Secretary of the Treasury by a provision of Act March 2, 1895, c. 177, § 5, post, $ 5354. And the duties of the Comptroller of the Treasury in regard to customs officers' bonds were transferred to the Secretary of the Treasury by a further provision of said section 5, set forth
ante, g 3288. § 5353. (Act Feb. 8, 1875, c. 36, § 11.) Oath of subordinate cus
toms officers; before whom and how taken; certification, etc.; penalty for default. The oaths now required to be taken by subordinate officers of the customs may be taken before the collector of the customs in the district in which they are appointed, or before any officer authorized to administer oaths generally; and the oaths shall be taken in duplicate, one copy to be transmitted to the Commissioner of Customs), and the other to be filed with the collector of customs for the district in which the officer appointed acts. And in default of taking such oath, or transmitting a certificate thereof, or filing the same with the collector, the party failing shall forfeit and pay the sum of two hundred dollars, to be recovered, with cost of suit, in
any court of competent jurisdiction, to the use of the United States. (18 Stat. 309.)
The words of this section, "Commissioner of Customs," inclosed in brackets, were superseded by the abolition of the office by the Dockery Act of July 31, 1894, c. 174, § 4, ante, $ 402, and subsequent provisions for transmission of a copy of the oath to the Secretary of the Treasury by Act March 2, 1895, c. 177, § 5, post, $ 5354.
Officers and employés in the customs service were required, as a condition precedent to payment of compensation for their services, to make oath that they had not received improper consideration for official services, by R. S. $ 1790, ante, $ 3265.
Officers of the revenue-cutters were to be deemed officers of the customs by R. S. $ 2760, post, $ 5448.
The oath required by R. S. § 1790, ante, $ 3265, to be administered to the customs officers and employés was authorized to be administered by the col
lectors and their special deputies by Act March 15, 1898, c. 68, post, $ 5360. § 5354. (Act March 2, 1895, c. 177, § 5.) Custody of oaths of sub
ordinate customs officers. Hereafter the copy of the oath of office of subordinate officers of the customs, required to be transmitted to the [Commissioner of Customs] by section eleven of the “Act to amend existing customs and internal revenue laws, and for other purposes," approved February eighth, eighteen hundred and seventy-five, shall be transmitted to the Secretary of the Treasury. (28 Stat. 807.)
This provision was part of section 5 of the legislative, executive, and judicial appropriation act of 1895, cited above. The remaining provisions of the section, relating to official bonds, are set forth ante, 88 3288-3290.
Provisions as to the custody of oaths of office in general were made by R. S. 8 1759, ante, § 3223.
The words of this section, “Commissioner of Customs," inclosed in brackets, were superseded by the abolition of the office and the transfer of the powers
and duties thereof to the Comptroller of the Treasury, by the Dockery Act of
July 31, 1894, c. 174, § 4, ante, $ 402. § 5355. (R. S. § 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.
Act June 26, 1848, c. 70, $ 6, 9 Stat. 239.
An examination of imported drugs and preparations used as medicine, before passing the custom house, in reference to their quality, purity, and fitness and their value, was required by R. S. § 2933, post, 8 5622.
The exportation or destruction of rejected articles was provided for by R. S. § 2937, post, $ 5626.
Subsequent provisions for inspection and regulation of importation of adulterated foods, drugs, and liquors, are contained in Title LVI B, “Regulation
of Interstate and Foreign Commerce as to Particular Subjects," Chapter B. § 5356. (R. S. § 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.
Act June 26, 1848, c. 70, 85, 9 Stat. 238. § 5357. (R. S. § 2619, as amended, Act Feb. 27, 1877, c. 69.) Bonds
of collectors, naval officers, and surveyors. Every collector, naval officer, and surveyor, shall, before entering on the duties of his office, give a bond to the United States, with one or more sufficient sureties, for the true and faithful discharge of the duties thereof according to law. And all bonds to be hereafter given shall be of the form following, to wit: Know all men by these presents that we
are held and firmly bound unto the United States of America in the full and just sum of dollars, money of the United States; to which payment, well and truly to be made, we bind ourselves, jointly and severally our joint and several heirs executors and administrators, firmly by these presents, sealed with our seals and dated this - day of one thousand The condition of the foregoing obligation is such, that whereas the President of the United States hath, pursuant to law, appointed the said to the office of in the State of
: Now. therefore, if the said
has truly and faithfully executed and discharged, and shall continue truly and faithfully to execute and discharge, all the duties of the said office, according to law, then the above obligation to be void and of none effect; otherwise it shall abide and remain in full force and virtue. Sealed and delivered in the presence of
And the amount of penalty shall be fixed by the President, as provided in section thirty six hundred and thirty nine.
First. The collectors of New York and Philadelphia, in the sum of sixty thousand dollars each.
Second. The collector of Boston and Charlestown, in the sum of forty thousand dollars.
Third. The collectors of Baltimore and Charleston, in the sum of thirty thousand dollars each.
Fourth. The collector of Norfolk and Portsmouth, in the sum of fifteen thousand dollars.
Fifth. The collectors of Portsmouth in New Hampshire, Salem and Beverly, Newport, Providence, Wilmington in Delaware, Annapolis, Georgetown in the District of Columbia, Richmond, Alexandria, Wilmington in North Carolina, New Berne, Edenton, and Vicksburgh, in ten thousand dollars each.
Sixth. The collectors of Newburyport, Gloucester, Marblehead, Plymouth, Nantucket, Portland and Falmouth, New London, New Haven, Fairfield, Perth Amboy, Newark, Yorktown, Tappahannock, Georgetown in South Carolina, Beaufort in South Carolina, and Savannah, in five thousand dollars each.
Seventh. The collectors of Middletown and Waldoborough, in four thousand dollars each.
Eighth. The collectors of the several districts in the State of Florida, in such sum as the President shall prescribe.
Ninth. All collectors not above mentioned, in two thousand dollars each.
Tenth. The naval officers at Boston, New York, Philadelphia, Baltimore, and Charleston, in ten thousand dollars each.
Eleventh. All naval officers not above mentioned, in two thousand dollars each.
Twelfth. The surveyors at Albany, Pittsburgh, Wheeling, Cincinnati, Louisville, Saint Louis, Nashville, and Natchez, in ten thousand dollars each.
Thirteenth. The surveyors of Boston, New York, Philadelphia, Baltimore, and Charleston, in five thousand dollars each.
Fourteenth. All surveyors not above mentioned, in one thousand dollars each.
Act March 2, 1799, c. 23, § 1, 1 Stat. 705. Act May 10, 1800, c. 49, 2 Stat. 68. Act May 7, 1822, c. 62, § 8, 3 Stat. 684. Act May 7, 1822, c. 107, § 2, 3 Stat. 693. Act Jan. 21, 1829, c. 10, § 1, 4 Stat. 331. Act March 2, 1831, c. 76, § 4, 4 Stat. 476. Act March 2, 1831, c. 87, $$ 1, 5, 4 Stat. 480, 482. Act June 30, 1834, c. 135, § 10, 4 Stat. 716. Act July 7, 1838, c. 169, $ 8, 5 Stat. 267. Act June 4, 1844, c. 39, 5 Stat. 661. Act March 3, 1857, c. 105, 11 Stat. 200. Act March 2, 1867, c. 178, § 1, 14 Stat. 542. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 245.
This section, as enacted in the Revised Statutes, did not contain the form of the bond. The section was amended by striking out after the words "according to law” the words “under penalty as follows," and by inserting after the said words “according to law” the provisions following, relating to the form of the bond, to the word “First," as set forth here, by Act Feb. 27, 1877, c. 69, § 1, cited above.
Provisions authorizing the President to regulate and increase the sums for which bonds are required of collectors of customs, naval officers and surveyors, were made by R. S. 3639, post, 6638.
The Secretary of the Treasury was authorized to require bond from deputies clothed with powers of collectors by R. S. § 2633, post, $ 5372.
Provisions for bonds of deputy collectors were also made by Act Feb. 6, 1907, c. 471, post, $ 5369.
General provisions for the examination and renewal of official bonds were
made by Act March 2, 1895, c. 177, § 5, ante, $ 3290. § 5358. (R. S. § 2620.) Bonds, how approved and filed.
All bonds required by law to be given by collectors, naval officers, surveyors, or other officers of the customs, shall be approved by the (Commissioner of Customs), and shall be filed in his office.
Act June 17, 1864, c. 130, & 5, 13 Stat. 134. The words of this section, “Commissioner of Customs," inclosed in brackets, were superseded by the abolition of the office and the transfer of the powers and duties thereof to the Comptroller of the Treasury by the Dockery Act of July 31, 1894, c. 174, $ 4, ante, $ 402; and the duties of the Comptroller of the Treasury in regard to bonds were transferred to the Secretary of the Treasury by a provision of Act March 2, 1895, c. 177, § 5, set forth ante, &
3288. § 5359. (R. S. § 2621.) Duties of collector where naval officers and
surveyors are appointed. At each of the ports to which there are appointed a collector, naval officer, and surveyor, it shall be the duty of the collector :
First. To receive all reports, manifests, and documents to be made or exhibited on the entry of any ship or vessel, according to the regulations of this Title.
Second. To record, in books to be kept for that purpose, all manifests.
Third. To receive the entries of all ships or vessels, and of the goods, wares, and merchandise imported in them.
Fourth. To estimate, together with the naval officer where there is one, or alone where there is none, the amount of the dues payable thereupon, indorsing such amount upon the respective entries.
Fifth. To receive all moneys paid for duties, and take all bonds for securing the payment thereof.
Sixth. To grant all permits for the unlading and delivery of goods.
Seventh. To employ, with the approval of the Secretary of the Treasury, proper persons as weighers, gaugers, measurers, and inspectors at the several ports within his district.
Eighth. To provide, with the like approval, at the public expense, store-houses for the safe-keeping of goods, and such scales, 'weights, and measures as may be necessary.
Act March 2, 1799, c. 22, & 21, 1 Stat. 642.
Provisions requiring collectors of customs to make quarterly reports to the Bureau of Statistics were made by R. S. § 337, ante, $ 880.
Provisions requiring collectors of customs to seize vessels fitted out or held for the purpose of committing piracy were made by R. S. $ 4299, post, $ 8045.
Provisions requiring collectors of customs to detain vessels intended to be employed in violation of neutrality laws were made by R. S. § 5290, which was incorporated into the Criminal Code, in section 17 thereof, post, $ 10181, and was repealed by section 341 thereof, post, $ 10515.
The authority, power, and jurisdiction, in relation to the exclusion of Chinese, vested by law or treaty in the collectors of customs, were conferred