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conviction thereof shall be fined not exceeding $5,000, or be imprisoned at hard labor not more than two years, or both, in the discretion of the court; and evidence of such soliciting, demanding, exacting, or receiving, satisfactory to the court in which such trial is had, shall be regarded as prima facie evidence that such soliciting, demanding, exacting, or receiving was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not with an unlawful intention. (38 Stat. 192.)

See notes to subdivision B of this section, ante, $ 5519. This provision, as originally enacted in the Customs Administrative Act of June 10, 1890, c. 407, $ 27, 26 Stat. 141, was re-enacted in the same language as a provision of the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, $ 28, 36

Stat. 103, which was re-enacted without change by this act. § 5533. (c

Act Oct. 3, 1913, c. 16, S III, CC.) Baggage in transit to foreign country. CC. Any baggage or personal effects arriving in the United States in transit to any foreign country may be delivered by the parties having it in charge to the collector of the proper district, to be by him retained, without the payment or exaction of any import duty, or to be forwarded by such collector to the collector of the port of departure and to be delivered to such parties on their departure for their foreign destination, under such rules and regulations as the Secretary of the Treasury may prescribe. (38 Stat. 192.)

See notes to subdivision B of this section, ante, $ 5519. This provision, as originally enacted in the Customs Administrative Act of June 10, 1890, c. 407, $ 28, 26 Stat. 141, was re-enacted in the same language as a provision of the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, which was re-enacted without change by this act.

The provision superseded R. S. § 2803, re-enacting the provisions of that section, with the addition of the words "or to be forwarded by such collector to

the collector of the port of departure." § 5534. (Act March 8, 1902, c. 140, § 8.) Laws applicable to Phil

ippine Islands. The provisions of the Act entitled "An Act to simplify the laws in relation to the collection of revenues,” approved June tenth, eighteen hundred and ninety, as amended by an Act entitled "An Act to provide for the Government and to encourage the industries of the United States," approved July twenty-fourth, eighteen hundred and ninety-seven, shall apply to all articles coming into the United States from the Philippine Archipelago. (32 Stat. 55.)

This section was part of an act temporarily to provide revenue for the Philippine Islands, and for other purposes, cited above.

Provisions for free admission of certain articles from the Philippine Islands were made by the Underwood Tariff Act of Oct. 3, 1909, c. 16, § IV, C, ante, s

5294. $ 5535. (R. S. § 2840.) Collector to take possession when invoice

is not correct. In every case in which a collector shall suspect that any merchandise is not invoiced at a sum equal to that for which it has usually been sold in the place or country from whence it was imported, he shall take the merchandise into his possession, and retain the same with reasonable care, at the risk and expense of the owner or consignee, until its value at the time and place of importation has been ascertained, as in the case of damaged merchandise, or of merchandise not accompanied with an invoice, and until the duties arising, according to such valuation, have been paid, or secured to be paid. But in case of a prosecution for forfeiture, such appraisement shall not exclude other proof, upon the trial, of the actual cost of the merchandise at the place of exportation.

Act March 2, 1799, c. 22, § 66, 1 Stat. 677.

The custody of goods in case of imperfect entry was provided for by R. S. § 2789, post, $ 5570.

The liquidation of duties on damaged merchandise, was provided for by section III, X, of the Underwood Tariff Act, post, $ 5602.

The seizure of merchandise as security for fines was authorized by the Anti-Moiety Act of June 22, 1874, c. 391, $ 13, ante, $ 5525.

(R. S. § 2841. Repealed.) This section prescribed the forms of oaths of which one, according to the nature of the case, was required to be administered by the collector at the time of the entry of merchandise by invoice. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, amended and re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, and declarations in lieu of oaths, were required to accompany the invoice by section 5 of the Customs Administrative Act, amended by the Payne-Aldrich Act and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, F, ante, $ 5523. All oaths administered by officers of the customs, except as provided in the Customs Administrative Act, were abolished by section 22 thereof, amended by section 28 of the Payne-Aldrich Act.

The provisions for the abolition of fees and oaths on entry of goods, made by the Customs Administrative Act of June 10, 1890, c. 407, 8 22, 26 Stat. 140, as amended by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 102, were superseded by a proviso annexed to section IV, S, of the Underwood Tariff Act of Oct. 3, 1913, ante, $ 5316, which provided that "nothing in this act shall be construed to permit any oaths to be demanded or fees to be charged except as provided in this act," etc.

Provisions for the separate entry of packages contained in one importation

were made by Act May 1, 1876, c. 89, § 2, ante, § 5483. § 5536. (R. S. § 2842.) Bond for production of invoice of goods

of absent owner. No merchandise subject to ad-valorem duty imported into the United States, and belonging to a person residing in the United States, but at the time absent from the place where the merchandise is intended to be entered, shall be admitted to an entry, unless the importer, consignee, or agent, shall previously give bond, the form of which shall be prescribed by the Secretary of the Treasury, with sufficient sureties, to produce, within four months, to the collector of the port where the merchandise may the invoice of the same, duly certified, according to the circumstances of the case, by the oath of the owner, or one of the owners; which oath shall be administered by a collector, if there is any in the place where the owner may be; or, if there is none, by some public officer duly authorized to ad. minister oaths.

Act March 1, 1923, c. 21, $ 6, 3 Stat. 733.

Provisions for bond for production of invoice in case of entry made by a verified statement in the form of an invoice were made by the Customs Administrative Act of June 10, 1890, c. 407, § 4, 26 Stat. 131, amended by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 92, and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § II) ante, $ 5522.

Provisions for judgment at the return term in suits brought on bonds for the recovery of duties were made by R. S. $ 960, ante, $ 1598. See note to R. S. § 2841, ante, as to abolition of oaths.

(R. S. § 2843. Repealed.) This section required that, for admission to entry of merchandise subject to ad valorem duty, belonging to a person not residing in the United States, who should have actually purchased it, the invoice should be verified by the oath of the owner, administered by a consul or other officer, and certified by him. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and a declaration, similar in substance to such oath, was required by section 3 of that act to be indorsed on the invoice produced to the consul or other officer. Said section 29 was re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104.

See note to section III, D, of the Underwood Tariff Act, ante, $ 5521, as to

declaration to be indorsed on invoice produced to consular officer. § 5537. (R. S. § 2844, as amended, Act June 28, 1906, c. 3569.)

Authentication in absence of consul. If there is no consul (or commercial agent) of the United States in the country from which such merchandise was imported, the authentication required by the preceding section shall be executed by a consul of a nation at the time in amity with the United States, if there is any such residing there; and if there is no such consul in the country the authentication shall be made by two respectable merchants, if any there be, residing in the port from which the merchandise shall have been imported. Provided, That the authentication may be made by the collector or a deputy collector of customs in the case of merchandise shipped to the United States from the Philippine Islands.

Act March 1, 1823, c. 21, § 7, 3 Stat. 733. Act June 28, 1906, c. 3569, 34 Stat. 539.

This section, as enacted in the Revised Statutes, did not contain the proviso relating to authentications in the Philippine Islands. This proviso was added at the end of the section, making the section read as set forth here, by Act June 28, 1906, c. 3569, last cited above.

The words of this section, “or commercial agent," inclosed in brackets, were superseded by the abolition of the grade of commercial agent by Act April 5, 1906, c. 1366, § 2, ante, $ 3139.

Indorsement of invoices was required by R. S. $ 2855, post, $ 5511, and by the Customs Administrative Act of June 10, 1890, c. 407, § 3, 26 Stat. 131, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, D, ante, $ 5521.

Rev. St. § 2843, referred to as "the preceding section," repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, was as follows:

Sec. 2813. No merchandise subject to ad-valorem duty belonging to a person not residing at the time in the United States, and who shall have actually purcbased the same, shall be admitted to entry, unless the invoice is verified by the oath of the owner, or one of the owners, certifying that the merchandise was actually purchased for his account, or for account of himself and partners in the purchase; that the invoice annexed thereto contains a true and faithful account of the actual cost thereof, and of all charges thereon, and that no discounts, bounties, or drawbacks, are contained in the invoice, but such as have been actually allowed on the same. Such oath shall be administered by a consul or commercial agent of the United States, or by some public officer duly authorized to administer oaths in the country where the merchandise was purchased; and the same shall be duly certified by the consul, commercial agent, or public officer; and when such oath is administered by an officer other than a consul or commercial agent of the United States, such official certificate shall be authenticated by such a consul or commercial agent.

(R. S. § 2845. Repealed.) This section required that, for admission to entry of merchandise subject to ad valorem duty, belonging to a person not residing in the United States, who had not acquired it in the ordinary mode of bargain and sale, or belonging to the manufacturer, the invoice should be verified by the oath of the owner, administered and authenticated as prescribed in the two preceding sections. It was repealed by the Customs Administrative Act of June 10, 1890, C. 407, § 29, 26 Stat. 141, and a declaration similar in substance to such oath was required by section 3 of that act to be indorsed on the invoice produced to the consul or other officer.

Said section 29 was re-enacted by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104.

See note to section III, D, of the Underwood Tariff Act, ante, g 5521, as

to indorsement on invoice. § 5538. (R. S. § 2846.) Oath of representative.

Whenever merchandise subject to ad-valorem duty belongs to the estates of deceased persons or of persons insolvent who have assigned the same for the benefit of their creditors, the oaths to invoices may be administered to the executor or administrator, or to the assignee, of such persons.

Act March 1, 1823, c. 21, § 9, 3 Stat. 734.

This section was superseded, as to requirement of oaths, by the abolition of all oaths administered by officers of the customs, except as provided therein, by the Customs Administrative Act of June 10, 1890, c. 407, § 22, 26 Stat. 140, and by the repeal, by section 29 of that act, 26 Stat. 141, of R. S. 88 2841, 2843, 2845, which required oaths to accompany invoices on entry of merchandise, and the substitution of declarations for such oaths, by sections 3-5 of said act, 26 Stat. 131, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat, 102, and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, $ III, D, F, ante, $$ 5521, 5523, and $ IV, S, ante, & 5316.

(R. S. $$ 2847, 2848. Superseded.) These sections authorized the Secretary of the Treasury to admit to entry in certain cases merchandise subject to ad valorem duty, belonging to a person not residing in the United States, not accompanied with an invoice verified and authenticated as required by preceding sections. They became inoperative by the repeal of R. S. 88 2843, 2845, by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, and the enactment of provisions for entry of goods without invoice by section 4 of said Customs Administrative Act, amended by the Payne-Aldrich Tariff Act, and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, S III, E, ante,

§ 5522. § 5539. (R. S. § 2849.) Oath where one of owners resides abroad.

In all cases where merchandise subject to ad-valorem duty belongs in part to a person residing in the United States, and in part to a person residing out of the United States, the oath of one of the owners residing in the United States shall be sufficient to admit the same to an entry. In all cases, however, where the merchandise was manufactured, in whole or in part, by any one of the owners, residing out of the United States, the same shall not be so admitted to an entry, unless the invoice has been verified and authenticated by such manufacturer in the manner prescribed in section twenty-eight hundred and forty-five.

Act March 1, 1823, c. 21, § 11, 3 Stat. 734.

This section was superseded to the extent that it required an oath and verification by the repeal of section 2845 and the substitution of declarations for oaths, by the Customs Administrative Act of June 10, 1890, c. 407, 88 5, 22, 29, 26 Stat. 132, 140, 141, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 92, 102, 104, and further amended by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, B-J, ante, 88 5519 5524, 5526–5528.

(R. S. § 2850. Superseded.) This section provided that whenever the invoice or merchandise belonging to a person not residing in the United States had not been duly verified and authenticated, and, upon application to the Secretary of the Treasury, the merchandise bad been refused entry, the same should be deemed suspected. It became inoperative by the repeal, by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, re-enacted by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 104, of the special provisions of R. S. $S 2843, 2845, for verification and authentication of such invoices.

(R. S. § 2851. Repealed.) This section prescribed a fee of $2.50 for consular certification of invoices. It was repealed, and such fees were included with those for which, by R. S. $ 1745, ante, § 3205, the President was authorized to prescribe rates, by Act April 5, 1906, c. 1366, § 9, ante, & 3187.

Exacting excessive fees for verification of invoices was punishable by R. S.

§ 1716, ante, § 3172. § 5540. (R. S. § 2852.) Certificate upon invoice.

When any merchandise is admitted to an entry upon invoice, the collector of the port in which the same is entered shall certify the same under his official seal; and no other evidence of the value of such merchandise shall be admitted on the part of the owner thereof, in any court of the United States, except in corroboration of such entry.

Act March 1, 1823, c. 21, § 23, 3 Stat. 737.

(R. S. § 2853. Repealed.) This section required invoices to be in triplicate and prescribed by whom they should be signed. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and provisions of the same nature, with additions, were made by section 2 of that act, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, § III, C, ante, $ 5520.

(R. S. § 2854. Repealed.) This section prescribed the requirements of declarations to accompany invoices produced to the consul or other officer. It was repealed by the Customs Administrative Act of June 10, 1890, c. 407, § 29, 26 Stat. 141, and provisions of the same nature, with additions, were made by section 3 of that act, amended by the Payne-Aldrich Act of Aug. 5, 1909, c. 6, § 28, 36 Stat. 91, and the Underwood Tariff Act of Oct. 3, 1913, c. 16, S III, D,

ante, $ 5521. $ 5541. (R. S. § 2855.) Indorsement upon invoice.

The person so producing such invoice shall at the same time declare to such consul, vice-consul, (or commercial agent] the port in the United States at which it is intended to make entry of merchandise; whereupon the consul, vice-consul, (or commercial

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