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Every shipping commissioner so appointed shall give bond to the United States, conditioned for the faithful performance of the duties of his office, for a sum, in the discretion of the Secretary of Commerce, of not less than five thousand dollars, in such form and with such security as the Secretary of Commerce shall direct and approve; and shall take and subscribe the oath prescribed by section seventeen hundred and fifty-seven of the Revised Statutes before entering upon the duties of his office: Provided, That nothing in this section shall be construed to affect in any respect the liability of principal or sureties on any bond heretofore given by any shipping commissioner. (R. S., 4502; Apr. 26, 1906.)
Any shipping-commissioner may engage clerks to assist him in the transaction of the business of the shipping-office, at his own proper cost, and may, in case of necessity, depute such clerks to act for him in his official capacity; but the shipping-commissioner shall be held responsible for the acts of every such clerk or deputy, and will be personally liable for any penalties such clerk or deputy may incur by the violation of any of the provisions of this Title [R. S. 450144613]; and all acts done by a clerk, as such deputy, shall be as valid and binding as if done by the shipping-commissoner. (R. S., 4505; Jan. 16, 1883; June 26, 1884, sec. 27, June 19, 1886.)
Each shipping-commissioner shall provide a seal with which he shall authenticate all his official acts, on which seal shall be engraved the arms of the United States, and the name of the port or district for which he is commissioned. Any instrument, either printed or written, purporting to be the official act of a shipping-commissioner, and purporting to be under the seal and signature of such shippingcommssioner, shall be received as presumptive evidence of the official character of such instrument, and of the truth of the facts therein set forth. (R. S., 4506.)
The Secretary of Commerce shall assign in public buildings or otherwise procure suitable offices and rooms for the shipment and discharge of seamen, to be known as shipping commissioners' offices, and shall procure furniture, stationery, printing, and other requisites for the transaction of the business of such offices. (R. S., 4507; Mar. 3, 1897; Feb. 14, 1903, sec. 10.)
In no case shall the salary, [fees, and emoluments] of any officer appointed under this Title [R. S., 4501–4613] be more than five thousand dollars per annum (; and any additional fees shall be paid into the Treasury of the United States]. (R. S., 4594; June 19, 1886.) Customs Officers.
At each of the ports to which there are appointed a collector, comptroller of customs, and surveyor, it shall be the duty of the collector:
First. To receive all reports, manifests, and documents to be made or exhibited on the entry of any ship or vessel, according to the regulations of this Title [R. S., 2517–3129.]
Second. To record, in books to be kept for that purpose, all manifests.
Third. To receive the entries of all ships or vessels, and of the goods, wares, and merchandise imported in them.
Fourth. To estimate, together with the naval officer where there is one, or alone where there is none, the amount of the dues payable thereupon, indorsing such amount upon the respective entries.
Fifth. To receive all moneys paid for duties, and take all bonds for securing the payment thereof.
Sixth. To grant all permits for the unlading and delivery of goods.
Seventh. To employ, with the approval of the Secretary of the Treasury, proper persons as weighers, gaugers, measurers, and inspectors at the several ports within his district.
Eighth. To provide, with the like approval, at the public expense, store-houses for the safe-keeping of goods, and such scales, weights, and measures as may be necessary. (R. S., 2621; Sept. 21, 1922, sec. 523.)
At ports to which a collector and surveyor only are appointed, the collector shall solely execute all the duties in which the co-operation of the comptroller of customs is requisite at the ports where a comptroller of customs is appointed. And he shall act in like manner in case of the disability or death of the comptroller of customs, until a successor is appointed, unless there is a deputy duly authorized under the hand and seal of the comptroller of customs, who in that case shall continue to act until an appointment is made. (R. S., 2622.)
At ports to which a collector only is appointed, the collector shall solely execute all the duties in which the co-operation of the comptroller of customs is requisite, at ports where a comptroller of customs is appointed, and he shall also, as far as may be, perform all the duties prescribed for surveyors at ports where surveyors are authorized. (R. S., 2623.)
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 a surveyor; who shall be entitled to the like compensation with an inspector during the time he is employed. (R. S., 2624.)
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 comptroller of customs of the same district, if any there be; and if there be no comptroller of customs, there 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. (R. S., 2625.)
At ports to which there are appointed a collector, comptroller of customs, and surveyor, it shall be the duty of the comptroller of customs
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. (R. S., 2626.)
At ports to which there are appointed a collector, comptroller of customs, 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. (R. S., 2627.)
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 for delivered from any ship or vessel without a
that purpose. 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. (R. S., 2629.)
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. (R. S., 2630.)
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. (R. S., 2631.)
Every comptroller of customs and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may respectively exercise and perform their 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. (R. S., 2632.)
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. (R. S., 2633.)
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. (R. S., 2634.)
Every collector, comptroller of customs, and surveyor shall cause to be affixed, and constantly kept in some public and conspicuous place of his office, a fair table of the rates of fees and duties demandable by law, and shall give a receipt for the fees received by him, specifying the particulars whenever required so to do; and for every failure so to do, he shall be liable to a penalty of one hundred dollars, recoverable to the use of the informer. (R. S., 2635.)
Every officer of the customs who demands or receives any other or greater fee, compensation, or reward than is allowed by law, for performing any duty or service required from him by law, shall be liable to a penalty of two hundred dollars for each offense, recoverable to the use of the party aggrieved. (R. S., 2636. See Sept. 21, 1922, sec. 600, p. 500.).
Every collector, comptroller of customs, and surveyor shall keep accurate accounts of all fees and official emoluments received by him, and of all expenditures, specifying expenditures for rent, fuel, stationery, and clerk-hire, and shall annually, within ten days after the thirtieth day of June, transmit the same, verified by oath, to the proper Auditor, who shall annually lay an abstract of the same before Congress. Every collector, comptroller of customs, or surveyor who omits or neglects to keep such account, or to transmit the same so verified, shall be liable to a penalty of not more than five hundred dollars. (R. S., 2639; July 31, 1894.)
Collectors, comptrollers of customs, and surveyors shall attend in person at the ports to which they are respectively appointed; and shall keep fair and true accounts and records of all their transactions, as officers of the customs, in such manner and form as may from time to time be directed by the Secretary of the Treasury; and shall at all times submit their books, papers, and accounts to the inspection of such persons as may be appointed for that purpose; and shall once in every month, or oftener if they shall be required, transmit their accounts for settlement to the officer or officers whose duty it shall be to make such settlement. And if any collector, comptroller of customs, or surveyor shall omit to keep fair and true accounts, or shall refuse to submit forthwith his books, papers, and accounts to inspection as required by law, or if any collector shall omit or refuse to render his accounts for settlement, for a term exceeding three months after the same shall have been required by the proper officer, the delinquent officer shall be liable to a penalty of one thousand dollars, to be recovered with costs of suit. *(R. S., 2640; Feb. 14, 1903, sec. 10.)
Every collector, comptroller of customs, and surveyor shall account to the Treasury for all his emoluments, and also for all the expenses incident to his office. Such accounts, as well of expenses as of emoluments, shall be rendered on oath, at such times and in such forms, and shall be supported by such proofs, as shall be prescribed by the Secretary of the Treasury. (R. S., 2641; Feb. 14, 1903, sec. 10.)
The services performed by occasional inspectors shall be particularly detailed in the accounts to be transmitted to the Treasury, and certified by the comptroller of customs or surveyor of the district, if there be any, as to the necessity for and performance of such services. (R. S., 2642.)
) Every collector, comptroller of customs, and surveyor shall, together with his accounts of the expenses incident to his office, render a list of the clerks employed by him, stating the rate of compensation allowed to each, and the duties which they severally perform; and also an account of the sums paid for stationery, official or contingent expenses, fuel, and office-rent, stating the purposes for which the premises rented are applied. (R. S., 2643.)
The collector of customs of each of the districts on the northern, northeastern, and northwestern frontiers shall render, with his accounts of the expenses incident to his office, a list of the clerks and other officers of the customs employed by him, stating the rate of compensation allowed to each, the duties they severally perform, and also an account of the sums paid for stationery, fuel, and all