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members or partners of such firm, as if all of the members or partners had executed the same. (19 Stat. 60. 28 Stat. 569.)
This was an act entitled "An act relating to the execution of custom-house bonds."
This act was amended by inserting after the words "imported into the United States by such firm or partnership" the words "or for any other purpose connected with the general transaction of business at any custom-house,” as set forth here by Act Aug. 27, 1894, c. 349, $ 70, last cited above.
Bonds were required in the transaction of business at custom-houses by R. S. $$ 2776–2778, 2787, 2800, 2825, 2842, 2925. § 5550. (Act June 10, 1910, c. 283, § 1.) Custom-house brokers;
license. The collector or chief officer of the customs at any port of entry or delivery shall, upon application, issue to any person of good moral character, being a citizen of the United States a license to transact business as a custom-house broker in the collection district in which such license is issued, and on and after sixty days from the approval of this Act no person shall transact business as a custom-house broker without a license granted in accordance with this provision; but this Act shall not be so construed as to prohibit any person from transacting business at a custom-house pertaining to his own importations. (36 Stat. 464.)
This section and the five sections next following were an act entitled "An act to license custom-house brokers."
See note to R. S. $ 2770, ante, $ 5466, as to abolition of ports of delivery. § 5551. (Act June 10, 1910, c. 283, $ 2.) Revocation of license.
The collector or chief officer of the customs may at any time, for good and sufficient reasons, serve notice in writing upon any custom-house broker so licensed to show cause why said license shall not be revoked, which notice shall be in the form of a statement specifically setting forth the grounds of complaint. The collector or chief officer of customs shall within ten days thereafter notify the custom-house broker in writing of a hearing to be held before him within five days upon said charges. At such hearing the customhouse broker may be represented by counsel, and all proceedings, including the proof of the charges and the answer thereto, shall be presented, with right of cross-examination to both parties, and a stenographic record of the same shall be made and a copy thereof shall be delivered to the custom-house broker. At the conclusion of such hearing the collector or chief officer of customs shall forthwith transmit all papers and the stenographic report of the hearing, which shall constitute the record in the case, to the Secretary of the Treasury for his action. Thereupon the said Secretary of the Treasury shail have the right to revoke the license of any custom-house broker, in which case formal notice shall be given such custom-house broker within ten days. (36 Stat. 464.) § 5552. (Act June 10, 1910, c. 283, § 3.) Review of decision re
voking license. Any licensed custom-house broker aggrieved by the decision of the Secretary of the Treasury may, within thirty days thereafter, and not afterwards, apply to the United States circuit court for the circuit in which the collection district is situated for a review of such decision. Such application shall be made by filing in the office of the clerk of said court a petition praying relief in the premises. Thereupon the court shall immediately give notice in writing of such application to the Secretary of the Treasury, who shall forthwith transmit to said court the record and evidence taken in the case, together with a statement of his decision therein. The filing of such application shall operate as a stay of the revocation of the license. The matter may be brought on to be heard before the said court in the same manner as a motion, by either the United States district attorney or the attorney for the custom-house broker, and the decision of said United States circuit court for the circuit in which the collection district is situated shall be upon the merits as disclosed by the record and be final, and the proceedings remanded to the Secretary of the Treasury for further action to be taken in accordance with the terms of the decree. (36 Stat. 465.) § 5553. (Act June 10, 1910, c. 283, § 4.) Regulations for carrying
act into effect. The Secretary of the Treasury shall prescribe regulations necessary or convenient for carrying this Act into effect. (36 Stat. 465.) § 5554. (Act June 10, 1910, c. 285, $ 5.) Definition of "person."
The word person wherever used in this Act shall include persons, copartnerships, associations, joint stock associations and corporations. (36 Stat. 465.)
Sec. 5555. Penalty for unlading without 5570. Compensation of inspectors in permit.
case of delay. 5556. Forfeiture for unlawful transfer. 5571. Compensation of inspectors, etc., 5557. Permits.
for night service; boarding of5558. What a permit must state.
ficers may administer oaths. 5559. License to lade or unlade at 5572. Time for unloading. night.
5573. Salt and coal and other articles. 5560. Preliminary entry of vessel to 5.574. Removal from wharf.
boarding officer, and lading or 5575. Indorsement on permit for landunlading thereupon.
ing spirits, etc. 5561. Bond for special license to lade 5576. Landing of spirits, etc., reguor unlade at night.
lated. 5562. Issue of special licenses and per- 5577. Marking casks and cases of spirmits.
its. 5563. Time of delivery.
5578. Obliteration of marks. 5564. Penalty for unlawful delivery. 5579. Forfeiture of omitted or missing 5565. Forfeiture for unlawful delivery.
articles, except in case of acci5566. Inspectors.
dent or mistake. 5567. Duties of inspectors.
5580. Account of deliveries. 5568. Delivery of cargo.
5581. Proceedings upon returns of de5569. Compensation, etc., of inspectors.
livery of vessel in distress.
§ 5555. (R. S. § 2867.) Penalty for unlading without permit.
If after the arrival of any vessel laden with merchandise and bound to the United States, within the limits of any collection-district, or within four leagues of the coast, any part of the cargo of such vessel shall be unladen, for any purpose whatever, before such vessel has come to the proper place for the discharge of her cargo, or some part thereof, and has been there duly authorized by the proper officer of the customs to unlade the same, the master of such vessel and the mate, or other person next in command, shall respectively be liable to a penalty of one thousand dollars for each such offense, and the merchandise so unladen shall be forfeited, except in case of same unavoidable accident, necessity, or distress of weather. In case of such unavoidable accident, necessity, or distress, the master of such vessel shall give notice to, and, together with two or more of the officers or mariners on board such vessel, of whom the mate or other person next in command shall be one, shall make proof upon oath before the collector, or other chief officer of the customs of the district, within the limits of which such accident, necessity, or distress happened, or before the collector, or other chief officer of the collection-district, within the limits of which such vessel shall first afterward arrive, if the accident, necessity, or distress happened not within the limits of any district, but within four leagues of the coast of the United States. The collector, or other chief officer, is hereby authorized and required to administer such oath.
Act March 2, 1799, c. 22, & 27, 1 Stat. 648. § 5556. (R. S. § 2868.) Forfeiture for unlawful transfer.
If any merchandise, so unladen from on board any such vessel, shall be put or received into any other vessel, except in the case of such accident, necessity, or distress, to be so notified and proved, the master of any such vessel into which the merchandise shall be so put and received, and every other person aiding and assisting therein, shall be liable to a penalty of treble the value of the merchandise, and the vessel in which they shall be so put shall be forfeited.
Act March 2, 1799, c. 22, § 28, 1 Stat. 648.
Provisions that no vessel used by a common carrier shall be subject to forfeiture for violation of revenue laws unless it appears that the owners or masters of such vessel were a consenting party or privy to the illegal act,
were made by Act Feb. 8, 1881, c. 34, post, $ 5766. § 5557. (R. S. § 2869, as amended, Act June 5, 1894, c. 92, § 2.)
Permits. The collector jointly with the naval officer, if any, or alone where there is none, shall, according to the best of his or their judgment or information, make a gross estimate of the amount of the duties on COMP.Sr.'13–155
the merchandise to which the entry of any owner or consignee, his factor or agent shall relate, which estimate shall be indorsed upon such entry and signed by the officer making the same. The amount of the estimated duties having been first paid, or secured to be paid, pursuant to the provisions of this title, the collector shall, together with the naval officer, where there is one, or alone where there is none, grant a permit to deliver the merchandise, whereof entry has been so made, and then, and not before, it shall be lawful to deliver the merchandise.
Act March 2, 1799, c. 22, § 49, 1 Stat. 664. Act June 5, 1894, c. 92, § 2, 28 Stat. 86.
This section, as enacted in the Revised Statutes, was amended by striking out after the words "grant a permit to” the word "land," and by inserting in place thereof the word "deliver," and by striking out after the words "it shall be lawful to" the word "land," and by inserting in place thereof the word “deliver," as set forth here, by Act June 5, 1894, c. 92, last cited above.
Provisions for permits for immediate lading or unlading of vessels admitted
to preliminary entry were made by Act Feb. 13, 1911, c. 46, § 4, post, $ 5562. § 5558. (R. S. § 2870.) What a permit must state.
All permits shall specify, as particularly as may be, the merchandise to be delivered, namely, the number and description of the packages, whether trunk, bale, chest, box, case, pipe, hogshead, barrel, keg, or any other packages whatever, with the mark and number of each package, and, as far as circumstances will admit, the contents thereof, together with the names of the vessel and master, in which and the place from whence they were imported; and no merchandise shall be delivered by any inspector or other officer of the customs that does not fully agree with the description thereof in such permit.
Act March 2, 1799, c. 22, § 49, 1 Stat. 664.
(R. S. § 2871. Repealed.) This section, providing for the granting of a special license to unlade at night, and the amendment thereof by Act June 30, 1906, c. 3909, 34 Stat. 633, were repealed by section 6 of Act Feb. 13, 1911, c. 64, the preceding sections of which are set forth post, 88 5559-5562, 5571. Said sections were substi
tutes for the provisions so repealed. § 5559. (Act Feb. 13, 1911, C. 46, § 1.) License to lade or unlade
at night. Upon arrival at any port in the United States of any vessel or other conveyance from a foreign port or place, either directly or by way of another port in the United States, or upon such arrival from another port in the United States of any vessel or other conveyance belonging to a line designated by the Secretary of the Treasury as a common carrier of bonded merchandise, and, after due report and entry of such vessel in accordance with existing law or due report, under such regulations as the Secretary of the Treasury may prescribe, of the arrival of such other conveyances, the collector of customs, with the concurrence of the naval officer at ports where there is a naval officer, shall grant, upon proper application therefor, a special license to lade or unlade the cargo of any such vessel or other
conveyance at night; that is to say, between sunset and sunrise. (36 Stat. 899.)
This section and the three sections next following were part of an act entitled "An act to provide for the lading or unlading of vessels at night, and the preliminary entry of vessels, and for other purposes."
Section 5 of the Act is set forth post, $ 5571.
Section 6 of the Act repealed provisions of the same nature made by R. S. $ 2871, amended by Act June 30, 1906, c. 3909, 34 Stat. 633.
Act June 5, 1894, c. 92, § 1, 28 Stat. 83, and the amendment thereof by Act
May 31, 1900, c. 600, 31 Stat. 249, were also repealed by said section 6. $ 5560. (Act Feb. 13, 1911, c. 46, $ 2.) Preliminary entry of vessel
to boarding officer, and lading or unlading thereupon. The master of any vessel from a foreign port or place, upon arrival within a customs collection district of the United States, bound to a port of entry in such district, may make preliminary entry of the vessel by making oath or affirmation to the truth of the statements contained in his original manifest and delivering his said original manifest to the customs officer who shall board such vessel within such district, with a copy of said original manifest for the use of the naval officer at ports where there is a naval officer; whereupon, upon arrival at the wharf or place of discharge, the lading or unlading of the cargo of such vessel may proceed, by both day and night, under such regulations as the Secretary of the Treasury may prescribe. (36 Stat. 900.) § 5561. (Act Feb. 13, 1911, c. 46, $ 3.) Bond for special license to
lade or unlade at night. Before any such special license to lade or unlade at night shall be granted and before any permit shall be issued for the immediate lading or unlading of any such vessel after preliminary entry, as hereinbefore provided, either by day or by night the master, owner, agent, or consignee of such vessel or other conveyance shall make proper application therefor and shall at the same time execute and deliver to the United States, through the collector of customs, a good and sufficient bond, in a penal sum to be approved by the said collector, conditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of such special license or the issuing or granting of such permit for immediate lading or unlading; or the master, owner, agent, consignee, or probable consignee, as aforesaid, may execute and deliver to the United States, in like manner and form, a good and sufficient bond, in the penal sum of fifty thousand dollars, conditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of such special licenses and the issuing or granting of such permits for immediate lading or unlading by day and night during a period of six months. (36 Stat. 900.) § 5562. (Act Feb. 13, 1911, c. 46, § 4.) Issue of special licenses and
permits. Application having been duly made and the required bond haying been duly executed and delivered, special license or licenses