The clerk shall, under the seal of the court, certify to the correctness of such record.

34. RELIEF FOR LOSS OR INJURY

Application for relief under the provisions of section 563 of the tariff act of 1922 must be filed in duplicate. Notice in writing shall be filed with the collector of the district in which the injury or destruction was sustained or occurred, and the collector shall transmit such notice, together with all papers and documents, to the court. When such applications have been received by the clerk, he shall cause the same to be placed on the next calendar of the division to which the application has been assigned, and 10 days' notice shall be given to the parties in interest of the date and hour for the hearing thereon.

35. REMISSION OF ADDITIONAL DUTIES

Petitions for remission of additional duties accruing by reason of advances made on final appraisement shall be in writing, signed and duly verified by the petitioner, or if the petitioner be a partnership or corporation, by a member thereof, or by anyone having knowledge of the facts. Every such petition shall be addressed to this court and filed in the office of the clerk at any time after final appraisement, but not later than 60 days after final liquidation. It shall set forth in concise form the facts desired to be proved at the hearing before the court. A copy shall also be filed with the collector of the port where the case arose, and the collector shall immediately, upon receipt of such copy, forward the invoice, entry, and all other papers connected therewith to the clerk of this court. Notice of such filing, together with a copy thereof, shall be served by the petitioner on the Assistant Attorney General in charge of customs litigation within five days after such filing.

36. AMERICAN MANUFACTURER

Any American manufacturer, producer, or wholesaler who shall have complied with the provisions of section 516 of the tariff act of 1922 shall have the right to appear before a court or justice in the following proceedings arising by virtue of said action:

1. On the hearing of an appeal filed by the collector under the direction of the Secretary of the Treasury.

2. When an appeal to reappraisement is taken by a consignee against advances made by the appraiser on information furnished by an American manufacturer, producer, or wholesaler.

3. When such American manufacturer, producer, or wholesaler is not satisfied with the action of the Secretary or the action of the appraiser thereon under the provisions of said section and files an appeal to reappraisement, as provided in section 501 of the tariff act of 1922.

In such cases he may appear as a direct party in interest.

Any such American manufacturer, producer, or wholesaler, who desires to appear before a court or justice, shall file with the clerk of the court, within five days after the filing of any such appeal, a notice in writing of his intention so to do, in which he shall specify the number of the entry, the number of the invoice, and a general description of the merchandise to be reappraised.

Any American manufacturer, producer, or wholesaler who, upon written request to the Secretary of the Treasury, shall have been furnished with the classification of and rate of duty assessed, if any, upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him, and who believes that the proper rate of duty is not being assessed, may, if the Secretary of the Treasury confirms the rate of duty assessed, file with the collector, within 60 days from the date of liquidation of the entry, a protest in writing, setting forth a description of the merchandise and the classification and the rate of duty he believes should have been assessed, which protest shall have the same force and effect as a protest filed by a consignee under the provisions of sections 514 and 515 of the tariff act of 1922.

Any such American manufacturer, producer, or wholesaler filing a protest as aforesaid shall have the right to appear in person or by attorney before this court and be heard as a party in interest.

In proceedings instituted under the provisions of section 516 of the tariff act of 1922, whether by way of appeal for a reappraisement or protest, an American manufacturer, producer, or wholesaler shall not be permitted to inspect any documents or papers of the consignee or importer, except with the consent of such consignee or importer, or except upon the written order of the court or justice having jurisdiction of the case, which order shall be issued upon motion duly made. Due notice of such motion shall be given to the consignee or importer, or the attorney of record of either, and shall specify the papers of which inspection is desired and from which information is sought to be obtained, as well as the facts and reasons which it is claimed make the inspection of such document and the disclosure of such information necessary and proper.

In all proceedings arising under section 516 of the tariff act of 1922 the importer or consignee or his agent shall have the right to appear and be heard as a party in interest before the court or justice hearing the case and shall receive due notice of such hearings.

37. MARKING PAPERS AND EXHIBITS

All papers and exhibits which have been admitted in evidence shall be stamped with a rubber stamp furnished to the reporters taking minutes at trials and shall be properly marked by them at the time when introduced.

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38. CERTIFICATION OF REAPPRAISEMENT RECORD ON REVIEW

The clerk of the court shall prepare and certify a complete list of all papers and documents, including a transcript of the testimony, if any, certified by the reporter, for use on review of decisions in reappraisements.

39. AMENDMENT OF PROTEST

If the plaintiff desires to amend his protest, as provided in section. 514 of the tariff act of 1922, he may make application to do so by motion in writing, setting forth the proposed amendment, which shall be filed with the clerk of the court at New York, or the reporter in attendance at the hearings outside of New York, prior to the first calendar call of said protest, and shall serve a copy thereof on the Assistant Attorney General and the collector of the port at which the action arose.

40. CALENDARS FOR HEARINGS OTHER THAN NEW YORK

Calendars for hearings at the ports of Los Angeles, San Francisco, Portland (Oreg.), Seattle, and other distant ports shall be prepared and forwarded to the collectors of said ports, together with the files and papers pertaining to the cases to be heard, 15 days before the time set for hearing.

41. CONTEMPT

Any person who shall willfully disobey any lawful writ, process, order, rule, decree, or command of the court or a justice, issued under the authority of the statute, may be adjudged guilty of contempt. Any such person may be cited to appear before a court or justice to show cause, upon a day certain and to be named in the writ, why he should not be punished therefor. The writ and accompanying papers, if there be any, shall be served, with sufficient promptness, upon the person charged, to enable him to prepare for and make return to the order at the time fixed therein. If upon such return and if in the judgment of the court or justice, the alleged contempt be not sufficiently purged, a trial shall be directed at a time and place fixed by the justice or court. The person in such proceedings shall be brought before such court or justice without unnecessary delay and admitted to bail under a reasonable penalty for his appearance at such trial. If found guilty, the party may be punished by fine not to exceed $250, or by imprisonment not to exceed 30 days.

Any person who shall, during the trial or hearing of any issue pending before a court or justice, or upon the argument of any motion, misbehave in the presence of the court or a justice hearing the same may be declared and held to be guilty of contempt, and may be summarily punished therefor by such court or justice by being subjected to a fine not to exceed $250, or by imprisonment not to

exceed 30 days. If the offender be an attorney, he may be suspended from practice before the court or justice until purged of such contempt. A warrant of enforcement shall be issued to the United States marshal for the district in which the offense was committed.

42. MONTHLY MEETING OF JUSTICES

The justices shall meet on the last Monday in each month at 2 o'clock in the afternoon, except during the months of July and August. Special meetings shall be had upon the call of the chief justice, timely notice of which shall be given, or shall be called by him upon the written request of any two justices.

43. PROTEST AGAINST DECISIONS UNDER EXECUTIVE ORDERS

Protests against the action of the collector, based upon or justified by Executive order, shall be assigned to the court having jurisdiction over protests covering the class of merchandise involved.

44. INDORSEMENT OF PAPERS

All pleadings and motion papers must be properly indorsed by the party filing the same. Such indorsement shall give the number of the protest, appeal, or application, the name of the importer, the nature of the protest, appeal, or application, and the name and address of the attorney or person filing the same. The clerk shall refuse to receive any document not properly indorsed.

45. DESIGNATION OF PARTIES TO CASES

As to all actions or suits over which the law vests jurisdiction in the United States Customs Court, whether involving acts of the appraiser or acts or decisions of the collector or his refusal to act or decide, and all actions within the jurisdiction of the United States Customs Court, the parties instituting the action shall, in the caption and pleadings, be designated as the "plaintiff" and the opposite party the "defendant;" but when applications for review are taken from the decision of a justice sitting in reappraisement to a division of three for review, the applicant for review in such cases shall be styled the "appellant" and the opposite party the "appellee."

46. EXAMINATION OF WITNESSES

On the examination of a witness in a case any and all other witnesses may be excluded from the place of hearing if requested by either party, or by the court on its own motion. This rule shall not apply to the parties in interest or their attorneys.

47. ASSIGNMENT OF ERRORS AND PROPOSED FINDINGS

The appellant or his attorney in proceedings for review shall, not less than two days prior to the day upon which the case is set for

trial, file with the clerk of the court, and serve upon the opposing party or his attorney, a brief statement in writing of the grounds of his appeal, setting forth in concise form any question of law which he considers the justice may have decided erroneously, and if the appeal was taken upon a question of fact a brief statement of the facts upon which he contends the justice erred.

The parties to an application for review of a decision made in reappraisement proceedings under section 501 of the act of 1922 shall submit to the court before which the case is pending proposed findings of fact and conclusions of law for its consideration.

48. RECORD ON APPLICATION FOR REVIEW

All parties to a case upon review of a decision in reappraisement shall be held to have waived any and all objections to the correctness of the record certified to as provided in rule 38 if they shall fail to make objection thereto. at or before the first call of such case upon the calendar. If such objection is made by any party to the case, or by his attorneys, within the time specified, accompanied by a request that the record be settled by the trial court, the case shall be remanded to the trial court for such further proceedings as may be necessary to furnish the appellate court a proper record.

49. SCHEDULE OF ASSIGNMENT OF CASES

The schedule of the assignment of protests to the several divisions under the tariff act of September 21, 1922, shall be as follows:

TO FIRST DIVISION

Schedule 1.-Chemicals, oils, and paints.

Schedule 2.-Earths, earthenware, and glassware. Paragraphs 202 to 206 and 217 to 238, inclusive.

Schedule 4.-Wood and manufactures of wood.

Schedule 6.-Tobacco and manufactures of tobacco.

Schedule 7.-Agricultural products and provisions. Paragraphs 717, 718, 719, 720, 721.

Schedule 11.-Wool and manufactures of wool.

Schedule 14.-Sundries. Paragraphs 1401 to 1403, 1407, 1412 to 1415, 1417, 1419 to 1421, 1425 to 1429, 1431 to 1434, 1436, 1438 to 1444, 1447, 1448, 1451 to 1453, and 1455. Drawback.

TO SECOND DIVISION

Schedule 2.-Earths, earthenware, and glassware. Paragraph 208, mica. Schedule 3.-Metals and manufactures of metal.

Schedule 9.-Cotton manufactures.

Schedule 10.-Flax, hemp, and jute, and manufactures.

Schedule 12.-Silk and silk goods.

Schedule 13.-Papers and books.

Schedule 14. Sundries. Paragraphs 1404 to 1406, 1430, 1435, 1437, 1445, 1446, and 1456. Protest against the refusal of a collector to liquidate an entry or exclude merchandise from entry or delivery.