upon such officers under the control of the Commissioner General of Immigration as the Secretary of Commerce and Labor might designate therefor, by provisions of Act Feb. 14, 1903, c. 552, § 7, ante, § 858.

Duties in respect to consignments of game from Alaska were imposed on the collectors of customs at Seattle, Portland, and San Francisco, and all collectors and deputy collectors were required to assist in the enforcement of Act June 7, 1902, c. 1037, 32 Stat. 327, for the protection of game in Alaska, as amended by Act May 11, 1908, c. 162, ante, §§ 3615-3621, by provisions of sections 6 and 7 of said amendatory act, ante, §§ 3620, 3621.

§ 5360. (Act March 15, 1898, c. 68, § 1.) Collectors and special deputies may administer oaths.

Hereafter Collectors of Customs and their special deputies shall be competent to administer oaths to officers of the Revenue Marine Service and employees in the Customs Service required by sections. seventeen hundred and ninety [and twenty-six hundred and ninetythree] of the Revised Statutes.

Act March 15, 1898, c. 68, § 1, 30 Stat. 286.

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1899, cited above.

It superseded a similar provision made by Act March 3, 1893, c. 208, § 1, 27 Stat. 577.

The words of this section, "and twenty-six hundred and ninety-three," inclosed in brackets, were superseded by the reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327. See note to R. S. § 2693, post, in this chapter.

§ 5361. (R. S. § 2622.) is appointed.

Duties of collector where no naval officer

At ports to which a collector and surveyor only are appointed, the collector shall solely execute all the duties in which the cooperation of the naval officer is requisite at the ports where a naval officer is appointed. And he shall act in like manner in case of the disability or death of the naval officer, until a successor is appointed, unless there is a deputy duly authorized under the hand and seal of the naval officer, who in that case shall continue to act until an appointment is made.

Act March 2, 1799, c. 22, § 21, 1 Stat. 643.

§ 5362. (R. S. § 2623.) Duties of collector where a collector only is appointed.

At ports to which a collector only is appointed, the collector shall solely execute all the duties in which the co-operation of the naval officer is requisite, at ports where a naval officer is appointed, and he shall also, as far as may be, perform all the duties prescribed for surveyors at ports where surveyors are authorized.

Act March 2, 1799, c. 22, § 21, 1 Stat. 643.

(R. S. § 2624. Superseded.)

This section was as follows:

"At ports of delivery to which no surveyor is appointed, and at such ports only, the collector may, from time to time, when it is necessary, employ a proper person to perform the duties of surveyor, who shall be entitled to the like compensation with an inspector during the time he is employed."

It was superseded by the abolition of ports of delivery not specifically mentioned as ports of entry, and the grant of authority to the Secretary of the Treasury to "cause to be stationed at places in the various collection dis

tricts, though not named as ports of entry, officers or employés of the customs service with authority to enter and clear vessels, to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws," by sections 2 and 9 of the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

§ 5363. (R. S. § 2625.) Performance of collector's duties in case of disability.

In case of the disability or death of a collector, the duties and authorities vested in him shall devolve on his deputy, if any there be at the time of such disability or death, for whose conduct the estate of such disabled or deceased collector shall be liable; and, if there be no deputy, they shall devolve upon the naval officer of the same district, if any there be; and if there be no naval officer, they shall devolve upon the surveyor of the port appointed for the residence. of such disabled or deceased collector, if any there be; and if there be no such surveyor, they shall devolve upon the surveyor of the port nearest thereto and within the district.

Act March 2, 1799, c. 22, § 22, 1 Stat. 644.

§ 5364. (R. S. § 2626.) Duties of naval officers.

At ports to which there are appointed a collector, naval officer, and surveyor, it shall be the duty of the naval officer

First. To receive copies of all manifests and entries.

Second. To estimate, together with the collector, the duties on all merchandise subject to duty, and no duties shall be received without such estimates.

Third. To keep a separate record of such estimates.

Fourth. To countersign all permits, clearances, certificates, debentures, and other documents, to be granted by the collector.

Fifth. To examine the collector's abstracts of duties and other accounts of receipts, bonds, and expenditures, and certify the same if found right.

Act March 2, 1799, c. 22, § 21, 1 Stat. 642.

Naval officers were required at the close of each quarter, and oftener, if directed by the Secretary of the Treasury, to examine the books, accounts, returns, and money on hand of the collectors in their respective districts by R. S. § 3650, post, § 6654.

§ 5365. (R. S. § 2627.) Duties of surveyors where collectors and naval officers are appointed.

At ports to which there are appointed a collector, naval officer, and surveyor, it shall be the duty of the surveyor, .who shall be in all cases subject to the direction of the collector

First. To superintend and direct all inspectors, weighers, measurers, and gaugers within his port.

Second. To report once in every week to the collector the name or names of all inspectors, weighers, gaugers, or measurers who are absent from or neglect to do their duty.

Third. To visit or inspect the vessels which arrive in his port, and make a return in writing every morning to the collector of all vessels which have arrived from foreign ports during the preceding day; specifying the names and denominations of the vessels, the

masters' names, from whence arrived, whether laden or in ballast. to what nation belonging, and, if American vessels, whether the masters thereof have or have not complied with the law, in having the required number of manifests of the cargo on board, agreeing in substance with the provisions of law.

Fourth. To put on board each of such vessels one or more inspectors immediately after their arrival in his port.

Fifth. To ascertain the proof, quantities, and kinds of distilled spirits imported, rating such spirits according to their respective degrees of proof, as defined by the laws imposing duties on spirits. Sixth. To examine whether the goods imported in any vessel, and the deliveries thereof, agreeably to the inspector's returns, correspond with the permits for landing the same; and if any error or disagreement appears, to report the same to the collector, and to the naval officer, if any.

Seventh. To superintend the lading for exportation of all goods entered for the benefit of any drawback, bounty, or allowance, and examine and report whether the kind, quantity, and quality of the goods, so laden on board any vessel for exportation, correspond with the entries and permits granted therefor.

Eighth. To examine, and, from time to time, and particularly on the first Mondays of January and July in each year, try the weights, measures, and other instruments used in ascertaining the duties on imports, with standards to be provided by each collector at the public expense for that purpose; and where disagreements or errors are discovered, to report the same to the collector; and to obey and execute such directions as he may receive for correcting the same, agreeably to the standards.

Act March 2, 1799, c. 22, § 21, 1 Stat. 642.

Surveyors were required at the close of each quarter, and oftener, if directed by the Secretary of the Treasury, to examine the books, accounts, returns, and money on hand of the collectors in the respective districts by R. S. § 3650, post, § 6654.

Proceedings on returns of deliveries of goods unladed, mentioned in subsection 6, were prescribed by R. S. §§ 2887-2890, post, §§ 5579-5582.

§ 5366. (R. S. § 2628.) Duties of surveyor where surveyor only is appointed.

At ports to which surveyors only are appointed, the surveyor shall perform all the duties enjoined upon surveyors by the preceding section; and shall also receive and record the copies of all manifests transmitted to him by the collector; shall record all permits granted by the collector, distinguishing the gauge, weight, measure, and quality of goods specified therein; and shall take care that no goods be unladen or delivered from any ship or vessel without a proper permit for that purpose.

Act March 2, 1799, c. 22, § 21, 1 Stat. 643.

The terms of office of surveyors not continued as collectors, except surveyors at certain ports, ceased upon the reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

The duties of surveyors to enroll and license vessels employed in the coasting-trade and fisheries, were prescribed by R. S. § 4344, post, § 8093.

Surveyors at the ports of Cold Spring, Greenport, and Port Jefferson, in the

State of New York, were authorized to enroll and license vessels employed in the coasting trade and fisheries and to enter and clear and grant registers to vessels employed in the whale-fisheries, by R. S. § 4345, post, § 8094.

§ 5367. (R. S. § 2629.) Performance of surveyor's duties in case of disability.

In case of the disability or death of a surveyor, the collector of the district may authorize some fit person to perform his duties and exercise his powers; and the powers of the person so authorized shall continue until a successor is duly appointed, and ready to enter upon the execution of his office.

Act March 2, 1799, c. 22, § 22, 1 Stat. 644.

§ 5368. (R. S. § 2630.) Deputy collectors.

Every collector of the customs shall have authority, with the approval of the Secretary of the Treasury, to employ within his district such number of proper persons as deputy collectors of the customs as he shall deem necessary; and such deputies are declared to be officers of the customs. And in cases of occasional and necessary absence, or of sickness, any collector may exercise his powers and perform his duties by deputy, duly constituted under his hand and seal, and he shall be answerable for the acts of such deputy in the execution of such trust.

Act March 2, 1799, c. 22, § 22, 1 Stat. 644. Act March 3, 1817, c. 109, § 7, 3 Stat. 397.

The provisions of this section may be superseded to some extent by the grant of authority to the Secretary of the Treasury to appoint a "deputy collector to have charge of each port of entry" by section 7 of the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

See note to R. S. § 2613, ante, § 5347.

§ 5369. (Act Feb. 6, 1907, c. 471.) Additional deputy collectors and other officers; duties; bonds.

That the Secretary of the Treasury be, and he is hereby, authorized to appoint a deputy collector of customs and other customs officers at ports and subports of entry in the several customs collection districts, and deputy collectors thus appointed shall have authority to receive entries, collect duties, and to perform any and all functions prescribed by law for collectors of customs, subject to such regulations and restrictions as the Secretary of the Treasury shall prescribe: Provided, That whenever the Secretary of the Treasury shall appoint a deputy collector at a port of entry where there is no collector, he shall designate the collector through whom such deputy shall report, but the bond of such deputy shall run to the Government, and the deputy shall be financially responsible directly to the Government. (34 Stat. 880.)

This was a provision of an act to prescribe the duties of deputy collectors of customs, cited above.

The provision preceding the proviso was superseded by the grant of similar authority to the Secretary of the Treasury by sections 7 and 9 of the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

§ 5370. (R. S. § 2631.) In case of sickness or absence, collectors and surveyors may authorize some officer or clerk to act.

In case of the sickness or unavoidable absence of any collector or surveyor of customs from his office, he may, with the approval of the Secretary of the Treasury, authorize some officer or clerk under him to act in his place, and to discharge all the duties required by law of such collector or surveyor in his capacity as disbursing agent; and the official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases.

Act March 3, 1873, c. 271, 17 Stat. 604.

Provisions for the performance, temporarily, of the duties of appraisers and assistant appraisers, in case of vacancy in the office, or of sickness, disability, or absence, were made by Act March 3, 1905, c. 1413, post, §§ 5395, 5396.

§ 5371. (R. S. § 2632.) Deputies of naval officers and surveyors. Every naval officer and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may respectively exercise and perform his functions, powers, and duties by deputy, duly constituted under their hands and seals respectively, for whom, in the execution of their trust, they shall respectively be answerable. Act March 2, 1799, c. 22, § 22, 1 Stat. 644.

§ 5372. (R. S. § 2633.) ers of collectors. The Secretary of the Treasury is authorized, whenever in his opinion the public interest demands it, to clothe any deputy collector at a port other than the principal port of entry, with all the powers of his principal appertaining to official acts; and he may require such deputy to give bond to the United States, in such amount as the Secretary may prescribe, for the faithful discharge of his official duties.

When deputies may be clothed with pow

Act July 18, 1866, c. 201, § 29, 14 Stat. 185. Act July 27, 1868, c. 273, § 3, 15 Stat. 240.

The Secretary of the Treasury was authorized to "appoint a deputy collector to have charge of each port of entry, who shall perform such duties" as the Secretary shall determine, by section 7 of the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

(R. S. § 2634. Superseded.)

This section was as follows:

"The Secretary of the Treasury may, from time to time, except in cases otherwise provided, limit and fix the number and compensation of the clerks to be employed by any collector, naval officer, or surveyor, and may limit and fix the compensation of any deputy of any such collector, naval officer, or surveyor."

It was superseded by the salary allowances for clerks and deputies prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, § 5327.

The Secretary of the Treasury was required to classify, as nearly as possible in conformity with R. S. § 163, ante, § 242, the clerks and persons employed by the collector, naval officer, surveyor, and appraisers in all customs districts, where the whole number of clerks and persons employed shall be as many as