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to account.

Middletown, for the district of Middletown and Hampton, two hundred
and fifty dollars ; to each of the surveyors of the ports for the districts of
St. Mary's in Maryland, East River, South Quay, Petersburg, Edenton,
Pawtuxet, and Camden, two hundred dollars; and to each of the survey-

ors of the ports of Chester, Havre de Grace, Nottingham, Dumfries, and Naval officers. Y eocomico, one hundred and fifty dollars ; to the naval officers for the

districts of Providence and Newport, two hundred and fifty dollars each. Limitation of Sec. 9. That whenever the emoluments of any collector of the cusemoluments of

toms of either of the ports of Boston, New York, Philadelphia, Balticustoms officers of Boston, New more, Charleston, Savannah, or New Orleans, shall exceed four thousand York, Philadel- dollars, or the emoluments of any naval officer of either of said ports, phia, Baltimore, shall exceed three thousand dollars, or the emoluments of any surveyor vannah, and New of either of said ports shall exceed two thousand five hundred dollars, in See 1864, ch. 54. any one year, after deducting the necessary expenses incident to his office

in the same year, the excess shall, in every such case, be paid into the

treasury, for the use of the United States. Limitation of Sec. 10. That whenever the emoluments of any other collector of the the emoluments customs shall exceed three thousand dollars, or the emoluments of any of other customs officers.

other naval officer shall exceed two thousand five hundred dollars, or the 1864, ch. 130, 52. emoluments of any other surveyor shall exceed two thousand dollars, in

any one year, after deducting therefrom the necessary expenses incident to his office in the same year, the excess shall, in every such case, be paid

into the treasury, for the use of the United States. The preceding Sec. 11. That the preceding provisions shall not extend to fines, penalprovisions limited.

ties, or forfeitures, or the distribution thereof. Collectors,

SEC

12. That every collector, naval officer, and surveyor, shall acnaval, officers,

count to the treasury for all his emoluments, and also for all the expenses and surveyors,

incident to his office ; that such accounts, as well of expenses as of emoluments, shall be rendered on oath or affirmation, at such times and in such forms, and shall be supported by such proofs, as shall be prescribed by the Secretary of the Treasury, and all such accounts shall be settled

at the treasury like other public accounts. Must render a Sec. 13. That every collector, naval officer, and surveyor, shall, togethlist of clerks, and

er with his accounts of the expenses incident to his office, render a list of pensation, and the clerks employed by him, stating the rate of compensation allowed to stationery each, and the duties which they severally perform ; and also an account

of the sums paid for stationery, official or contingent expenses, fuel, and

office rent, stating the purposes for which the premises rented are applied. In the ports of Sec. 14. That, in the ports of Boston, New York, Philadelphia, BaltiBoston, &c. in- more, Charleston, Savannah, and New Orleans, no person shall be an inhold other office. spector who, at the same time, holds any other office in the collection of

the customs in either of the said ports. Salary to dep- Sec. 15. That the Secretary of the Treasury may, from time to time, uty collector, &c. limit and fix the number and compensations of the clerks to be employed § 1, and 1852, ch. by any collector, naval officer, or surveyor, and may limit and fix the 108, 15.

compensation of any deputy of any such collector, naval officer, or surveyor: Provided, That no such deputy, in any of the districts of Boston and Charlestown, New York, Philadelphia, Baltimore, Charleston, Savannah, or New Orleans, shall receive more than one thousand five hundred dollars, nor any other such deputy more than one thousand dollars, in any one year, for any services he may perform for the United States in any

office or capacity. No account for Sec. 16. That no account for the compensation for services of any cornpensation to clerk, or other person employed in any duties in relation to the collection he bas certified,

of the revenue, shall be allowed, until such clerk or other person shall on oath or affir- have certified, on oath or affirmation, that the same services have been mation, that he performed, that has received the full sum therein charged, to his own the services and use and benefit, and that he has not paid, deposited, or assigned, nor conreceived the full tracted to pay, deposit, or assign, any part of such compensation to the

account of com

use of any other person, nor in any way, directly or indirectly, paid or sum charged, given, nor contracted to pay or give, any reward or compensation for his &c. office or employment, or the emoluments thereof.

Sec. 17. That if any person employed in any duties in relation to the If any person collection of the revenue, shall accept or receive any fee, reward, or com- employed in the pensation, other than that allowed by law, for

any service he may perform

revenue accepts for any person, in making any entry or clearance, or preparing any papers any fee, &c. not to be used or kept in the custom-house, such person shall be removed allowed by law,

for any service from office, and shall, moreover, on conviction thereof, pay a fine, not ex

performed. &c. ceeding five hundred dollars. SEC. 18. That no collector, surveyor, or naval officer, shall ever re

office, pay a fine, ceive more than four hundred dollars annually, exclusive of his compen- &c. sation as collector, surveyor, or naval officer, and the fines and forfeitures No collector,

&c. to receive allowed by law, for any services he may perform for the United States in any other office or capacity.*

dollars annually, Sec. 19. That the salary of the collector of the district of Cape Vin- exclusive, &c. cent shall commence from the time of his appointment.

Cape Vincent. Sec. 20. That this act shall be in force from and after the thirtieth day

This act in

force from 30th of June next.

June, 1822.

he is to be removed from

more than 400

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No. 136. JANUARY 30, 1823. CHAP. VII. – An Act in Addition to “ An Act to continue in Force · An Act to protect Stat. at Large,

the Commerce of the United States, and punish the Crime of Piracy,' and, also, to make Vol. III. p. 721. further Provision for punishing the Crime of Piracy."

Be it enacted, &c. That the first, second, third, and fourth sections of an Act of May 15, act, entitled “ An act to protect the commerce of the United States, and 1820, ch. 113. punish the crime of piracy,” passed on the third day of March, in the and 4th sections year of our Lord one thousand eight hundred and nineteen, be, and the of act of March same are hereby, continued in force, in all respects, as fully as if the said Made), cb. 177

made perpetual. sections had been enacted without limitation, in the said act, or in the act to which this is an addition, and which was passed on the fifteenth day of May, in the year of our Lord one thousand eight hundred and twenty.

No. 137. - JANUARY 31, 1823.
CHAP. IX. — An Act concerning the Disbursement of Public Money.

Stat. at Large,

Vol. III. p. 723. Be it enacted, 8c. That, from and after the passing of this act, no ad

Act of March vance of public money shall be made in any case whatever ; but in all 3, 1797, ch. 20. cases of contracts for the performance of any service, or the delivery of No advance of

public money to articles of any description, for the use of the United States, payment shall be made. not exeed [exceed] the value of the service rendered, or of the articles delivered previously to such payment: Provided, That it shall be lawful, Proviso. under the especial direction of the President of the United States, to make such advances to the disbursing officers of the government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfilment of the public engagements : And provided also, Proviso. That the President of the United States may direct such advances as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled, cannot be regularly effected.

Sec. 2. That every officer or agent of the United States, who shall re- Officers or ceive public money which he is not authorized to retain, as salary, pay, United States to or emolument, shail render his accounts quarter yearly to the proper ac- account quarter counting officers of the treasury, with the vouchers necessary to the cor- yearly.

* See acts of 1850, ch. 90, ý 1, and 1839, ch. 82, $ 3.

1

1849, ch. 110, rect and prompt settlement thereof, within three months, at least, after the $ 1.

expiration of each successive quarter, if resident within the United Proviso. States ; and within six months if resident in a foreign country:* Pro

vided, That nothing herein contained shall be construed to restrain the secretaries of any of the departments from requiring such returns from any officer or agent, subject to the control of such secretaries, as the pub

lic interest may require. Officers or Sec. 3. That every officer or agent of the United States, who shall agents offending offend against the provisions of the preceding sections, shall, by the officer ceding sections, charged with the direction of the department to which such offending offito be promptly cer is responsible, be promptly reported to the President of the United reported to the President, and

States, and dismissed from the public service : Provided, That in all cases, dismissed from where any officer, in default as aforesaid, shall account to the satisfaction the public ser- of the President for such default, he may be continued in office, anything vice.

Proviso. in the foregoing provision to the contrary notwithstanding.

No security Sec. 4. That no security given to, or obligation entered into, with the given to, or obli- government, shall be in any wise impaired, by the

dismissing any officer, gation entered into with, the or from failure of the President to dismiss any officer coming under the government, to provisions of this act. be impaired.

111.

No. 138. - March 1, 1823. Stat. at Large, CHAP. XXI. – An Act supplementary to, and to amend an Act, entitled " An Act to Vol. III. p. 729. regulate the Collection of Duties on Imports and Tonnage,passed second March, one

thousand seven hundred and ninety-nine, and for other Purposes. Act of March Be it enacted, &c. That no goods, wares, or merchandise, subject to ad 2, 1799, ch. 22.

valorem duty, and imported into the United States, shall be admitted to The true invoice of goods subject an entry unless the true invoice of the same be presented to the collector to ad valorem at the time of entry, or unless the same be admitted in the mode authorduty to be pro- ized and prescribed in the next ensuing section of this act : Provided,

Proviso. That this prohibition shall not extend to such goods, wares, or merchanSee 1863, ch. dise, as shall have been taken from a wreck. 76, øl. Also 1865, ch.

Sec. 2. That when no invoice has been received of any goods, wares,

or merchandise, imported and subject to ad valorem duty as aforesaid, the Owner, importer, &c. to make owner, importer, consignee, or agent, shall make oath of the same, and oath of not hav- the collector of the port shall be, and he is hereby, authorized, if in his ing received in- judgment the circumstances under which such goods, wares, or merchangoods will be ad- dise, shall have been imported, or any other circumstances connected mitted to an en- therewith, render it expedient, to admit the same to an entry, on an aptry upon ap- praisment [appraisement] thereof, duly made, in the manner hereinafter praisement.

1863, ch.76, prescribed : Provided, The owner, importer, consignee, or agent, of such $ 1.

goods, wares, or merchandise, shall, previous to such entry, give bond, Proviso.

with sufficient sureties, to the United States, to produce to such collector the invoice of the same within eight months from the time of entry, if the same were imported from any port or place on this side, and within eighteen months, if from any port or place beyond, the Cape of Good Hope or Cape Horn, or from the Cape of Good Hope, and to pay any amount of duty to which it may appear, by such invoice, the said goods, wares, or merchandise, were subject, over and above the amount of duties

estimated on the said appraisement. When goods Sec. 3. That when goods, wares, or merchandise, imported into the have not been United States, shall not have been entered in pursuance of the provisions entered, they shall be deposited

of this or any other act regulating imports and tonnage, the same shall be in the public deposited, according to existing laws, in the public warehouse, and shall warehouses un, there remain, at the expense and risk of the owner, until such invoice be til the invoice be produced. produced : Provided, however, That, when the said goods, wares, or mer. Proviso.

chandise, shall have remained in the public warehouse nine months, if

See act of March 3, 1795, ch. 48, \ 1.

Act of March

sec. 56.

Proviso.

imported from any port or place on this side, and eighteen months, if from 1863, ch. 76, any port or place beyond, the Cape of Good Hope, or Cape Horn, or $ 1. from the Cape of Good Hope, and no invoice shall be produced, then the said goods, wares, and merchandise, shall be appraised, and the duties estimated thereon in the manner hereinafter directed: Provided also, Proviso. That nothing herein contained shall be understood to prohibit the sale of such quantities of goods, stored as aforesaid, as may be necessary to discharge the duties thereon, and all intervening charges, at the time or times when such duties shall become due and payable ; And provided further, Proviso. That the collector be, and he is hereby, authorized to direct an earlier sale of articles of a perishable nature, and of such as may be liable to waste ; first giving such notice of the sale as circumstances may admit, by public advertisement, in one or more papers, at or nearest to the port where such sale may be had: which said articles the collector shall previously cause to be appraised, and the duties estimated thereon, in the manner hereinafter directed; and the proceeds of such sale shall be disposed of at the expiration of the said periods of nine and eighteen months, respectively, as the case may be, in the manner prescribed by the fifty-sixth section of the act regulating the collection of duties on imports and tonnage, passed the second day of March, one thousand seven hundred and ninety-nine: Provided also, That nothing in this section shall be 2.1799, ch. 22, construed to affect the cases contemplated by the fifty-sixth section of the art regulating the collection of duties on imports and tonnage, passed the second of March, one thousand seven hundred and ninety-nine. Sec. 4. That, in all cases where goods, wares, or merchandise, shall

Oath of con

signee, importer, have been imported into the United States, and shall be entered by in

or agent, at time voice, one of the following oaths, according to the nature of the case, of entry. shall be administered by the collector of the port at the time of entry, to the owner, importer, consignee, or agent, in lieu of the oath now prescribed by law in such case :

Consignee, Importer, or Agent's Oath. I,

do solemnly and truly (swear or affirm] that the invoice and bill of lading now presented by me to the collector of the true and only invoice and bill of lading by me received, of all the goods, wares, and merchandise, imported in the

whereof is master, from

for account of any person whomsoever, for whom I am authorized to enter the same; that the said invoice and bill of lading are in the state in which they were actually received by me, and that I do not know nor believe in the existence of any other invoice, or bill of lading of the said goods, wares, and merchandise ; that the entry now delivered to the collector, contains a just and true account of the said goods, wares, and merchandise, according to the said invoice and bill of lading; that nothing has been, on my part, nor, to my knowledge, on the part of any other person, concealed or suppressed, whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise, and that, if, at any time hereafter, I discover any error in the said invoice, or in the account now rendered of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. And I do further solemnly and truly (swear or affirm) that, to the best of my knowledge and belief, [insert the name and residence of the owner or owners, is or are] of the goods, wares, and merchandise, mentioned in the annexed entry; that the invoice now produced by me exhibits the actual cost, [if purchased,] or fair market value, [if otherwise obtained,] at the time or times, and place or places, when or where procured, [as the case may be,] of the said goods, wares, and merchandise, all the charges thereon, and no other or different discount, bounty, or drawback, but such as has been actually allowed on the same.

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Owner's oath, Owner's oath, in cases where goods, wares, or merchandise, have been acwhere goods, &c.

tually purchased. bave been purchased.

I do solemnly and truly (swear or affirm] that the entry now delivered by me to the collector of contains a just and true account of all the goods, wares, and merchandise, imported by, or consigned to, me, in the

whereof is master, from ; that the invoice which I now produce, contains a just and faithful account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting up, and packing, and no other discount, drawback, or bounty, but such as has been actually allowed on the same; that I do not know nor believe in the existence of any invoice or bill of lading other than those now produced by me, and that they are in the state in which I actually received them. And I do further solemnly and truly [swear or affirm] that I have not, in the said entry or invoice, concealed or suppressed anything whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; and that if, at any time hereafter, I discover any error in the said invoice, or in the account now produced, of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediate

ly make the same known to the collector of this district. Manufacturer's

Manufacturer's or owner's oath, in cases where goods, wares, or merchanor owner's oath, where goods, &c.

dise, have not been actually purchased. bave not been purchased.

I do solemnly and truly (swear or affirm] that the entry now delivered by me to the collector of contains a just and true account of all the goods, wares, and merchandise, imported by, or consigned to, me, in the

whereof is master, from ; that the said goods, wares, and merchandise, were not actually bought by me, or by my agent, in the ordinary mode of bargain and sale, but that, nevertheless, the invoice which I now produce, contains a just and faithful valuation of the same, at their fair market value, including charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting up, and packing, at the time or times, and place or places, when and where procured for my account, [or for account of myself and partners;] that the said invoice contains also a just and faithful account of all charges actually paid, and no other discount, drawback, or bounty, but such as has been actually allowed on the said goods, wares, and merchandise ; that I do not know, nor believe in the existence, of any invoice or bill of lading, other than those now produced by me, and that they are in the state in which I actually received them. And I do further solemnly and truly [swear or affirm] that I have not, in the said entry or invoice, concealed or suppressed anything whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise, and that if, at any time hereafter, I discover any error in the said invoice, or in the account now produced, of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately

make the same known to the collector of this district. Goods, &c. SEC. 6. That no goods, wares, or merchandise, imported into the United subject to ad va- States, subject to ad valorem duty, and belonging to a person or persons lorem duty, belonging to residing in the United States, but who shall, at the time, be absent from citizens absent at the place where the same are intended to be entered, shall be admitted to the time, to be admitted to en

an entry, unless the importer, consignee or agent, shall previously give try, upon bond bond, the form of which shall be prescribed by the Secretary of the Treasof the importer, ury, with sufficient sureties, to produce, within four months, to the collector c

of the port where the said goods, wares, or merchandise, may be, the in1863, ch. 76, § 1. voice of the same, duly verified, according to the circumstances of the case,

by the oath of the said owner, or one of the owners, as prescribed in the

the invoice.

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