(R. S. § 2928. Superseded.)

This section, providing for appraisement of merchandise taken from any wreck and of damages sustained during the course of the voyage, was superseded by the provisions of the Customs Administrative Act of June 10, 1890, c. 407, § 23, 26 Stat. 140, which, as amended and designated as section 22 of said act, by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, were re-enacted by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, X, ante, § 5602.

Repealed.)

(R. S. §§ 2929-2932. These sections provided for revision by the principal appraisers of reports of assistant appraisers, and for reappraisement on the order of the collector; for appeals from appraisements; and for appeals from decisions of the collector to the Secretary of the Treasury. They were repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, ante, 26 Stat. 141; and other provisions for revision of appraisements, reappraisements, appeals from decisions of appraisers and of collectors to the board of general appraisers, and review of their decisions, were made by sections 12-18 of that act, which, as amended by Act May 27, 1908, c. 205, § 3, and the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, were incorporated in chapter 8 of the Judicial Code, §§ 188199, ante, §§ 1179-1190, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, M-Q, ante, §§ 5594-5598, except said section 12, which is set forth ante, § 5593.

§ 5622. (R. S. § 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 customhouse, 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.

Act June 26, 1848, c. 70, § 1, 9 Stat. 237.

The oaths to be taken by special examiners of drugs, etc., was prescribed by R. S. § 2611, ante, § 5355; and their salaries were fixed by the Plan of Reorganization of the Customs Service pursuant to provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

§ 5623. (R. S. § 2934.) Name of proprietor 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.

Act June 26, 1848, c. 70, § 2, 9 Stat. 238.

§ 5624. (R. S. § 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.

Act June 26, 1848, c. 70, § 3, 9 Stat. 238.

§ 5625. (R. S. § 2936, as amended, Act Feb. 27, 1877, c. 69, § 1.) 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 at 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. Act June 26, 1848, c. 70, § 4, 9 Stat. 238. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 247.

This section, as enacted in the Revised Statutes, was amended by inserting after the word "situated" the words "to make," as set forth here, by Act Feb. 27, 1877, c. 69, § 1, cited above.

§ 5626. (R. S. § 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.

Act June 26, 1848, c. 70, § 4, 9 Stat. 238.

§ 5627. (R. S. § 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.

Act July 27, 1866, c. 284, § 3, 14 Stat. 302.

The number of assistant appraisers at the port of New York was prescribed

by R. S. § 2536, the provisions of which were superseded by the Plan of Reor ganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

The oath to be taken by a special examiner of drugs, etc., was prescribed by R. S. § 2611, ante, § 5355.

§ 5628. (R. S. § 2939.) Appraisement at New York.

The collector of the port of New York shall not, under any circumstances, direct to be sent for examination and appraisement less than one package of every invoice, and one package at least out of every ten packages of merchandise, and a greater number should he, or the appraiser, or any assistant appraiser, deem it necessary. When the Secretary of the Treasury, however, from the character and description of the merchandise, may be of the opinion that the examination of a less proportion of packages will amply protect the revenue, he may, by special regulation, direct a less number of packages to be examined.

Act July 27, 1866, c. 284, § 1, 14 Stat. 302.

§ 5629. (R. S. § 2940.) Examiners at New York.

The Secretary of the Treasury may, on the nomination of the appraiser, appoint such number of examiners at the port of New York as the Secretary may in writing determine to be necessary, to aid each of the assistant appraisers in the examination, inspection, and appraisement of merchandise. No person shall be appointed such examiner who is not, at the time of his appointment, practically and thoroughly acquainted with the character, quality, and value of the article in the examination and appraisement of which he is to be employed; nor shall any such examiner enter upon the discharge of his duties, as such, until he shall have taken and subscribed an oath faithfully and diligently to discharge such duties.

Act July 27, 1866, c. 284, § 4, 14 Stat. 303.

The number and compensation of examiners in the district of New York were prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

§ 5630. (R. S. § 2941.) Appraisers, etc., at New York not to engage in business.

No appraiser, assistant appraiser, examiner, clerk, verifier, sampler, messenger, or other person employed in the departments of appraisal at the port of New York, or any of them, shall engage or be employed in any commercial or mercantile business, or act as agent for any person engaged in such business, during the term of his appointment.

Act July 27, 1866, c. 284, § 5, 14 Stat. 303.

General appraisers were prohibited from engaging in business by the Customs Administrative Act of June 10, 1890, c. 407, § 12, amended by the PayneAldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, ante, § 5593.

§ 5631. (R. S. § 2942.) Duties of appraisers at New York.

All provisions relating to the duties of appraisers, or to any proceedings consequent or dependent upon the action of such appraisers and not inconsistent with the provisions relating to the

appraiser and assistant appraisers at the port of New York, shall be construed to apply to them.

Act July 27, 1866, c. 284, § 8, 14 Stat. 303.

(R. S. § 2943. Repealed.)

This section provided that one of the assistant appraisers at the port of New York should be detailed for the supervision of examination of merchandise damaged on the voyage of importation, and to make examinations and appraisals and to report, etc. It was repealed, with R. S. § 2927, which provided for appraisal of such goods, and other sections, by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted and designated as section 28 by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104.

§ 5632. (R. S. § 2944.) Labor beyond usual hours.

If at any time, from an increase of importation, or from any other cause, there shall be found upon the floors of the public stores in the city of New York an accumulation of merchandise awaiting appraisement, the appraiser shall, under regulations established by the Secretary of the Treasury, direct the assistant appraisers, and others associated with them in this branch of the public business, to devote time beyond the usual business hours, in each day, during daylight, to their respective duties, so that the business of appraisement may be faithfully and more promptly dispatched.

Act July 27, 1866, c. 284, § 9, 14 Stat. 303.

(R. S. § 2945. Repealed.)

This section imposed a penalty on any merchant chosen by the collector to make any appraisement required under any act respecting imports and tonnage, who should, after due notice, decline or neglect to assess at such appraisement. This section was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141.

Provisions for the appointment of merchant appraisers and for a penalty for refusal to serve, made by R. S. §§ 2609, 2610, were superseded by provisions relating to appraisers, made by the Customs Administrative Act of June 10, 1890, c. 407, § 13, which, as amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, were incorporated in the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, M, ante, § 5594.

§ 5633. (R. S. § 2946.) Appraisement by revenue officers.

When merchandise is entered at ports where there are no appraisers, the mode hereinbefore prescribed of ascertaining the foreign value thereof shall be carefully observed by the revenue officers to whom is committed the estimating and collection of duties.

Act Aug. 30, 1842, c. 270, § 22, 5 Stat. 566.

§ 5634. (R. S. § 2947.) Appraisement in other districts.

The Secretary of the Treasury shall have authority to direct the appraisers for any collection-district to attend in any other collection-district for the purpose of appraising any merchandise imported therein.

Act March 1, 1823, c. 21, § 16, 3 Stat. 735.

Similar authority was conferred on the Secretary of the Treasury by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

Provisions for the performance of duties of appraisers and assistant appraisers during vacancy in or absence from office were made by Act March 3, 1905, c. 1413, §§ 1, 2, ante, §§ 5395, 5396.

(R. S. § 2948. Superseded.)

This section providing that additional duties are not to be deemed fines, etc., for distribution to customs officers, became inoperative by the repeal of all provisions for payment of moieties of fines, etc., to informers or officers, by the Anti-Moiety Act of June 2, 1874, c. 391, § 2, set forth post, § 5796.

§ 5635. (R. S. § 2949.) Regulations for appraisal.

The Secretary of the Treasury from time to time shall establish such rules and regulations, not inconsistent with the laws of the United States, to secure a just, faithful, and impartial appraisal of all merchandise imported into the United States, and just and proper entries of such actual market-value or wholesale price thereof, and of the square yards, parcels, or other quantities, as the case may require, and of such actual market-value or wholesale price of each of them. The Secretary of the Treasury shall report all such rules. and regulations, with the reasons therefor, to the then next session of Congress.

Act July 14, 1832, c. 227, § 9, 4 Stat. 592. Act Aug. 30, 1842, c. 270, § 23, 5 Stat. 566.

(R. S. § 2950. Superseded.)

This section provided that the certificate of the appraiser should be deemed to be the appraisement. It was superseded by the provisions relating to appraisers made by the Customs Administrative Act of June 10, 1890, c. 407, § 13, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, M, ante, § 5594. § 5636. (R. S. § 2951.) Definition of word "ton."

Wherever the word "ton" is used in this chapter, in reference to weight, it shall be construed as meaning twenty-hundred-weight, each hundred-weight being one hundred and twelve pounds avoirdupois.

Act March 2, 1861, c. 68, § 26, 12 Stat. 196.

The words "merchandise," "port," and "master" were defined by R. S. §§ 2766, 2767, 2768, ante, §§ 5462-5464.

(R. S. § 2952. Repealed.)

This section defined the words "value" and "valued" as used in this chapter. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and the construction of the words "value," or "actual market value," when used in any law relating to the appraisement of imported merchandise, was prescribed by section 19 of that act, which section, as amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, was substantially re-enacted by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, R, ante, § 5599.

§ 5637. (R. S. § 2953.) What buildings may be leased.

Nothing herein contained shall be construed to prevent the leas ing or hiring of such buildings or accommodations as may be required for the use of the United States appraisers for the due examination and appraisal of imported merchandise at the ports where such officers are provided by law, nor to prohibit the leasing or hiring by collectors of the customs, for short periods, with the approval of the Secretary of the Treasury, of such stores as may be required for custom-house purposes at any of the smaller revenue ports of the United States.

Act March 28, 1854, c. 30, § 7, 10 Stat. 272.