in connection with the lading or unlading of cargo at night, or the lading at night of cargo or merchandise for transportation in bond or for exportation in bond, or for the exportation with benefit of drawback, but such rate of compensation shall not exceed an amount equal to double the rate of compensation allowed to each such officer or employe for like services rendered by day, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessel or other conveyance, whenever such special license or permit for immediate lading or unlading or for lading or unlading at night or on Sundays or holidays shall be granted, to the collector of customs, who shall pay the same to the several customs officers and employes entitled thereto according to the rates fixed therefor by the Secretary of the Treasury. Customs officers acting as boarding officers, and any customs officer who may be designated for that purpose by the collector of customs, are hereby authorized to administer the oath or affirmation herein provided for, and such boarding officers shall be allowed extra compensation for services in boarding vessels at night or on Sundays or holidays-at the rate prescribed by the Secretary of the Treasury as herein provided, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessels.

"SEC. 6. That section twenty-eight hundred and seventy-one of the Revised Statutes, the act approved June thirtieth, nineteen hundred and six, entitled 'An act to amend section twentyeight hundred and seventy-one of the Revised Statutes,' and section one of the act approved June fifth, eighteen hundred and ninety-four, entitled 'An act to facilitate the entry of steamships,' and all acts or parts of acts inconsistent herewith are hereby repealed."

Suitable bonds and regulations carrying this Act into effect have been prescribed by the Secretary of the Treasury. (T. D. 31562.)

Unlading in Open Day

SEC. 6. In the absence of any special license to unlade at night, it is provided by Section 2872 of the Revised Statutes that:

"Except as authorized by the preceding section, no merchandise brought in any vessel from any foreign port shall be unladen or delivered from such vessel within the United States but in

open day-that is to say, between the rising and the setting of the sun-except by special license from the collector of the port, and naval officer of the same, where there is one, for that purpose, nor at any time without a permit from the collector, and naval officer, if any, for such unlading or delivery."

Landing of Cargo

SEC. 7. The landing of imported merchandise is further governed by Section 24 of the Act of June 26, 1884, which provides that:

"When merchandise shall be imported into any port of the United States from any foreign country in vessels, and it shall appear by the bills of lading that the merchandise so imported is to be delivered immediately after the entry of the vessel, the collector of such port may take possession of such merchandise and deposit the same in bonded warehouse.

"And when it does not appear by the bills of lading that the merchandise so imported is to be immediately delivered, the collector of the customs may take possession of the same and deposit it in bonded warehouse, at the request of the owner, master, or consignee of the vessel, on three days' notice to such collector after the entry of the vessel."

General Order-Lay Order

SEC. 8. Under Article 126 of the Customs Regulations of 1915, it is further provided that:

"When it shall appear by the bill of lading that the cargo is deliverable immediately after the entry of a vessel, the collector may at once take possession of such merchandise and deposit the same in a general-order warehouse, but at the written request of the owner, agent, or master of the vessel, and at the risk and liability of the owner of the vessel, the collector may issue a lay order to suspend the operation of the general order and to allow the cargo landed, but not permitted to remain upon the pier or wharf, properly protected, for a period of 48 hours after entry of the vessel. This period may be extended in cases of necessity upon application of such owner, agent, or master."

Ownership

SEC. 9. The ownership of imported merchandise is established under Paragraph B of Section III of the Tariff Act of October 3, 1913, which provides:

"That all merchandise imported into the United States shall, for the purpose of this Act, be deemed and held to be the property of the person to whom the same is consigned; and the holder of a bill of lading duly indorsed by the consignee therein named, or, if consigned to order, by the consignor, shall be deemed the consignee thereof; and in case of the abandonment of any merchandise to the underwriters the latter may be recognized as the consignee."

CHAPTER VI

THE ENTRY

The Entry of the Merchandise

SEC. 1. Imported merchandise may be entered by the importer in person or by a duly licensed custom-house broker acting in his behalf. (Chapter X, Section 4.)

The goods may be entered for immediate consumption or for warehouse at the port of first arrival, or they may be entered for immediate transportation in bond to another port. (Exhibits II and III, Appendix.) (Chapter III, Section 2.)

If the goods are to be entered for immediate consumption or for warehouse at the port of first arrival, the consignee is required to present at the Custom House the duplicate copy of the invoice, duly certified by the American Consular Officer at the place of shipment, together with a bill of lading for the merchandise, accompanied by an entry meeting the requirements of Section 2785 of the Revised Statutes of the United States, which provides that:

"The owner or consignee of any merchandise on board of any such vessel (arriving from a foreign port), or, in case of his absence or sickness, his known agent or factor in his name, shall within fifteen days after the report of the master to the collector of the district for which such merchandise shall be destined, make entry thereof in writing with the collector, and shall in such entry specify the name of the vessel and of her master, in which, and the port or place from which such merchandise was imported, the particular marks, numbers, denominations, and prime cost, including charges of each particular package or par

cel whereof the entry shall consist, or, if in bulk, the quantity, quality, and prime cost, including charges thereof, particularly specifying the species of money in which the invoices thereof are made out. Such entry shall be subscribed by the person making it, if the owner or consignee, in his own name, or, if another person, in his name as agent or factor for the owner or consignee. The person making such entry shall also produce to the collector and naval officer, if any, the original invoices of the merchandise, or other documents received in lieu thereof, or concerning the same, in the same state in which they were received, with the bills of lading for the same; which invoices shall be signed by the persons in the offices of the collector and naval officer who have compared and examined them." (Articles 219, 235 and 239 Customs Regulations, 1915.)

Entry by Pro Forma Invoice

SEC. 2. If the consignee is unable to produce a duly certified invoice, he may make entry on a pro forma invoice on the filing of a bond for the production of a duly certified invoice, in accordance with Paragraph E of Section III of the Tariff Act of October 3, 1913, which provides:

"That, except in case of personal effects accompanying the passenger, no importation of any merchandise exceeding $100 in value shall be admitted to entry without the production of a duly certified invoice thereof as required by law, or of an affidavit made by the owner, importer, or consignee, before the collector. or his deputy, showing why it is impracticable to produce such invoice; and no entry shall be made in the absence of a certified invoice, upon affidavit as aforesaid, unless such affidavit be accompanied by a statement in the form of an invoice, or otherwise, showing the actual cost of such merchandise, if purchased, or if obtained otherwise than by purchase, the actual market value or wholesale price thereof at the time of exportation to the United States in the principal markets of the country from which the same has been imported, which statement shall be verified by the oath of the owner, importer, consignee, or agent desiring to make entry of the merchandise, to be administered by the collector or his deputy, and it shall be lawful for the collector or his deputy to examine the deponent under oath, touching the sources of his knowledge, information, or belief in the premises, and in his possession, or under his control, which may assist the