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1. Commissioner of immigration.
2. Contracts of emigrants for repayment of expenses out of their wages, to be enforced. Advances to be a lien on after acquired lands.
3. Superintendent of immigration at New York.
4. Certain persons disqualified for appointment. Penalty for receiving illegal fees.
5. Annual reports of commissioner.
13 Stat. 385. Commissioner of immigration.
1. The president of the United States is hereby authorized, by and with the advice 4 July 1864 3 1. and consent of the senate, to appoint a commissioner of immigration, who shall be subject to the direction of the department of state, shall hold his office for four years, and shall receive a salary at the rate of two thousand five hundred dollars a year. The said commissioner may employ not more than three clerks, of such grade as the secretary of state shall designate, to be appointed by him, with the approval of the secretary of state, and to hold their offices at his pleasure.
2. All contracts that shall be made by emigrants to the United States in foreign countries, in conformity to regulations that may be established by the said commissioner, Contracts of whereby emigrants shall pledge the wages of their labor for a term not exceeding twelve emigrants for months, to repay the expenses of their emigration, shall be held to be valid in law, and expenses out of may be enforced in the courts of the United States, or of the several states and territo- their wages, to ries; and such advances, if so stipulated in the contract, and the contract be recorded in the recorder's office in the county where the emigrant shall settle, shall operate as a Advances to be a lien úpon any land thereafter acquired by the emigrant, whether under the homestead lien on afterlaw when the title is consummated, or on property otherwise acquired until liquidated by the emigrant; but nothing herein contained shall be deemed to authorize any contract contravening the constitution of the United States, or creating in any way the relation of slavery or servitude.
of New York.
3. There shall be established in the city of New York, an office to be known as the United States Emigrant Office; and there shall be appointed, by and with the advice and Superintendent consent of the senate, an officer for said city, to be known as superintendent of immi- of immigration gration, at an annual salary of two thousand dollars; and the said superintendent may employ a clerk of the first class; and such superintendent shall, under the direction of the commissioner of immigration, make contracts with the different railroads and transportation companies of the United States for transportation tickets, to be furnished to such immigrants, and to be paid for by them, and shall, under such rules as may be prescribed by the commissioner of immigration, protect such immigrants from imposition and fraud, and shall furnish them such information and facilities as will enable them to proceed in the cheapest and most expeditious manner to the place of their destination. And such superintendent of immigration shall perform such other duties as may be prescribed by the commissioner of immigration: Provided, That the duties hereby imposed upon the superintendent in the city of New York, shall not be held to affect the powers and duties of the commissioner of immigration of the state of New York; and it shall be the duty of said superintendent in the city of New York to see that the provisions of the act commonly known as the passenger act are strictly complied with, and all breaches thereof punished according to law.
4. No person shall be qualified to fill any office under this act who shall be directly Ibid. 25. or indirectly interested in any corporation having lands for sale to immigrants, or in Certain persons the carrying or transportation of immigrants, either from foreign countries to the United disqualified for States and its territories, or to any part thereof, or who shall receive any fee or reward, or the promise thereof, for any service performed, or any benefit rendered, to any person or persons in the line of his duty under this act. And if any officer provided for Penalty for receiving illegal by this act shall receive from any person or company any fee or reward, or promise fees. thereof, for any services performed or any benefit rendered to any person or persons in the line of his duty under this act, he shall, upon conviction, be fined one thousand dollars, or be imprisoned, not to exceed three years, at the discretion of a court of competent jurisdiction, and for ever after be ineligible to hold any office of honor, trust or profit in the United States.
5. Said commissioner of immigration shall, at the commencement of each annual Ibid. § 6. meeting of congress, submit a detailed report of the foreign immigration during the Annual reports preceding year, and a detailed account of all expenditures under this act.
I. OFFICERS OF THE CUSTOMS.
Imports and Exports.
1. Limitation of compensation.
2. Certain collectors to render monthly accounts, and estimates of incidental expenses.
3. Revenue officers to be appointed for Portland. Compensation.
4. Compensation of inspectors may be increased by the secretary of the treasury.
5. Compensation of officers on the northern frontier.
6. Collection of fees.
7. Bonds of revenue officers, how approved.
8. Additional number of appraisers at New York.
9. Additional inspectors may be appointed for certain ports. 10. Fees of officers on the northern frontier.
11. Certain offices may be suspended, and the duties assigned to other officers. Deputy-collectors may be clothed with the powers of principals.
12. Salaries of revenue officers not to be paid, until affidavit filed. Oath. False swearing punished.
13. When incidental expenses may be paid out of appropria tion. Disposition of fees paid into the treasury.
17. Compensation of aids to the revenue.
18. Salaries of certain collectors established.
19. Salaries of certain deputy-collectors and other officers.
20. How stationery to be furnished.
21. Act of 1865 not to increase the compensation of appraisers. 22. Salaries of certain appraisers.
23. Of gaugers, at New York.
II. ENTRY AND DEPARTURE OF VESSELS. 24. When ports of delivery may be discontinued.
25. Certain ports of delivery abolished.
26. Masters of coasting vessels on the northern frontier to file manifests. To report at other ports. Penalty for neglect.
27. Blank manifests and clearances to be furnished.
28. Ports of entry and delivery may be established on the Red River.
20. Act relating to manifests to apply to foreign vessels. 30. Secretary to regulate placing inspectors on board.
31. Masters of foreign vessels to report, on arrival.
III. DUTIES ON IMPORTS.
32. Tariff of duties.
33. Nitrate of lead, &c. Oils.
34. Pickled fish.
35. Provisions. Grain.
36. Articles chargeable with a duty of ten per cent. ad valorem. 37. Articles chargeable with a duty of twenty per cent. ad valorem.
40. Articles free from duty.
41. Non-enumerated articles.
14. Penalty for neglect to pay over money received.
15. Office of measurer at New York abolished. Duties to be qualities in the same package. Washed wool. Sheep-skins, &c. 92. When double duty to be imposed. Rate when different performed by weighers.
16. Compensation of weighers at New York.
50. Duty on coffee.
51. Additional duty on brass.
47. Increase of certain specific duties. Chocolate. Fruit. Hemp. 48. Ad valorem duties. Leather, &c. India rubber. Ivory. 49. Drawback.
52. Specific duties on certain articles.
53. Additional ad valorem duties of ten per cent.
54. Additional specific duties.
55. Tariff of ad valorem and specific duties on certain articles. 56. Coir matting and carpeting.
57. Manufactures of jute, &c.
58. Additional ad valorem duties of five per cent.
59. What duties to be paid on goods in the public stores.
60. Foreign vessels of war may purchase from warehouses free of duty.
61. Duty on printing paper; seedlac; and polishing powders. 62. Tea. Sugar. Confectionery. Molasses.
74. Duties on certain articles.
75. Discriminating duty on goods imported in foreign vessels. 76. Additional duties on certain imports.
63. Spirituous liquors. Wines. Other liquors. Proof. Imitations. Malt liquors. Cigars. Snuff. Tobacco.
64. Iron. Steel. Coal. Coke. Lead. Pewter. Zino. Precious stones.
66. Lastings, &c
67. Manufactures of cotton. Cotton jeans, &c. Cotton thread. Shirts, &c. Cotton velvet. Cotton braids, &c.
68. Manufactures of flax, jute or hemp. Cordage, &c. Gunny
77. Duties on goods in store. Fire crackers may be warehoused. 78. Repeal of inconsistent laws.
79. Philosophical instruments.
80. Empty casks, &c., may be reimported free.
81. Personal baggage to be free.
82. Additional duties on spirits; silk; iron bars, &c.
83. Duties on petroleum.
38. Gems. Hair cloth, &c.
39. Articles chargeable with a duty of thirty per cent. ad producing triplicate invoices.
84. Definition of statuary.
85. Additional duties on certain importations.
86. Produce of Maine forests to be admitted free.
42. What to be deemed a ton.
43. Old railroad iron may be imported under bond, to be re- adjacent territories, without affecting the liability to duty.
115. Products of the United States may be transported across
manufactured and exported.
44. Market value to be estimated on the day of shipment. 45. Drawback on foreign hemp, manufactured and exported.
46. Assessment where goods of different values are in the same invoice.
93. Woollen goods. Flannels, &c. Felts. Bunting. goods. Clothing. Bindings, &c. Carpets. Oil cloths. 94. Machinery for manufacture of beet sugar to be free. 95. Umbrellas. Spiral springs.
96. Objects of art, when free.
97. Cotton to be free of duty.
98. Imported tobacco to be warehoused. Additional duties. 99. Additional duty on cigars. Stamps to be affixed. Penalties 100. Machinery for repair, may be imported free, under bond. 101. Copper.
VII. WAREHOUSING. 129. When additional duty to be levied.
130. When goods in store may be entered for consumption. 131. Duties on goods destroyed in store, to be abated.
132. Withdrawal of goods in warehouse, or under bond.
133. Not to prevent exportation or transportation of goods in bond.
134. Parts of buildings may be bonded for storage of grain.
VIII. DUTIES PAID UNDER PROTEST.
135. Bill of particulars to be furnished in suits for the recovery
of duties illegally exacted. Form. In default, non pros. to be
136. Drawback on gunpowder.
X. COLLECTION OF DUTIES.
139. In case of obstruction at port of entry, duties may be collected at any port of delivery. Officers at such ports.
140. In certain cases, custom-houses may be established at any
place on land or on shipboard. Duties of collector. Vessel may proceed to unobstructed port. Regulations to be established. 141. Protection of officers. Army and navy may be employed. 142. Ports may be closed by proclamation. Penalty for entering or attempting to enter such ports.
143. Navy may be used to enforce the revenue laws. 144. Secretary may remit forfeitures and penalties. 145. Jurisdiction of the federal courts.
146. Judgments and executions for duties to be discharged in coin.
XI. FRAUDS ON THE REVENUE.
147. Duties of solicitor of the treasury. Collectors to report seizures. Clerks.
148. Penalty for making entry by false representations. 149. Penalty for admitting fraudulent entries. For accepting fees, &c.
150. When goods may be released on payment of value. 151. Penalty for offering gratuities to officers.
152. Penalty for wilful concealment or destruction of books and papers.
153. Inspection of imported articles. Trunks, &c., may be opened. Penalty for refusal. Forfeiture, if dutiable articles be found.
154. Proceedings to avoid inspection at first port of arrival. 155. Secretary to prescribe regulations.
156. Penalty for not proceeding to place of destination.
160. Inspectors may search suspected places. Officers may be
examined as witnesses.
161. Searches of buildings on the frontiers.
Forfeiture in case
of violation. Punishment.
162. Act of 1844 amended.
163. Definition of terms used.
164. Power to board and search vessels. Seizures and arrests.
Special appointments to be filed.
165. Power to search vehicles, persons, &c. Seizures and forfeitures. Penalty for refusing to submit to search. Female inspectors. Railway cars, &c., not to be forfeited, unless the owner, &c., were privy to the fraud.
(a) That is, the districts on the northern, north-eastern and north-western frontiers.
(b) 1 vol. 327, pl. 45. (c) See infra 22.
166. Penalty for knowingly importing goods, contrary to law. Effect of possession.
167. Power to enter upon lands, &c.
I. OFFICERS OF THE CUSTOMS.
177. Existing remedies not to be impaired.
179. Pending suits and existing rights not to be affected.
11 Stat. 337.
1. No collector of the customs, deputy-collector, naval officer, deputy naval officer, 14 June 1858 3 5. surveyor, deputy-surveyor, general appraiser, superintendent of warehouses or appraisers, shall receive a compensation more than twenty-five per cent. greater than Limitation of is now paid to the officers and persons engaged in said services at the port of New York: Provided, That this section shall not be so construed as to increase the compensation of any officer of the customs, or of any person engaged in the collection thereof.
12 Stat. 760.
ors to render
2. The collector of customs of each of the districts aforesaid (a) shall render, with 3 March 1863 ₫ 1. 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 Certain collectduties they severally perform, and also an account of the sums paid for stationery, fuel monthly and all other office expenses, including office rent; for all of which expenses he shall accounts and submit an estimate each month in advance, and shall state the purposes for which any dental expenses. premises are used; and shall also render an accurate account of all fees and commis
estimates of inci
sions collected by him.
13 Stat. 46.
3. The president of the United States, with the advice and consent of the senate, 9 April 1864 3 1. shall appoint an appraiser and assistant appraiser for the port of Portland, Maine, whose duties shall be the same as those of similar officers in other ports; and the ninth Revenue officers to be appointed section of the act of congress, passed May 7th 1822, (b) entitled “An act further to for Portland. establish the compensation of officers of the customs and to alter certain collection districts, and for other purposes," is hereby amended by adding Portland aforesaid to the ports therein enumerated; and the deputy-collectors, not exceeding three in number, Compensation. and the appraiser of said port shall each receive the compensation of two thousand dollars per annum, [and the assistant appraiser shall receive a compensation of fifteen hundred dollars per annum.] (c)
13 Stat. 61.
4. That the secretary of the treasury be and he hereby is authorized to increase the 29 April 1864 § 1. compensation of inspectors of customs in such ports as he may think it advisable so to do and may designate, by adding to the present compensation of said officers a sum not. Compensation of inspectors may exceeding one dollar per day. (d) be increased.
13 Stat. 134.
officers on the
5. In lieu of the compensation provided by the fourth section of the act of March 2d 17 June 1864 § 2. 1831, (e) entitled “An act to regulate the foreign and coasting trade on the northern, north-eastern and north-western frontiers of the United States, and for other purposes," Compensation of each of the several collectors of customs in the following districts on the said frontiers, northern fronto wit: Pembina, Chicago, Milwaukie, Sault Sainte Marie, Detroit, Miami, Sandusky, Cuyahoga, Presque Isle (hereafter to be called Erie), Dunkirk, Buffalo, Niagara, Genesee, Oswego, Cape Vincent, Oswegatchie, Champlain and Vermont, shall receive an annual compensation of one thousand dollars, and in addition thereto, the fees now
(d) This act was originally a temporary one, but was continued in force, indefinitely, by act 23 July 1866 9, 14 Stat. 208.
(e) 1 vol. 328, pl. 52. The 7th section repeals the act 2 March 1831. 1 vol. 143, pl. 22; 148, pl. 39; 162, pl. 40; 328, pl. 52.
collected under the general regulations of the treasury department of February 1857, and a commission of three per centum on all moneys collected and accounted for by them respectively: Provided, That the aggregate compensation derived from salary, fees and commissions, shall not in any case exceed the sum of twenty-five hundred dollars per annum, subject to the provisions of the act entitled "An act relative to collectors and other officers of the customs," approved February 11th 1846.(a) And whenever the aggregate of salary, fees and commissions shall in any case exceed the said sum of twenty-five hundred dollars, after deducting the necessary expenses incident to the said office, for and during the same period for which said compensation is allowed, the excess shall in every such case be paid into the treasury of the United States; the fees and emoluments of all kinds to be accounted for as provided by the 12th section of the act of the 7th of May 1822.(b)
Ibid. 3. 6. The collectors and other officers of customs on the said frontiers shall be authorized Collection of fees. to charge and collect the same fees, as are now allowed by law to be charged and col
lected by the collectors and other officers of customs.
7. All bonds given by collectors of customs, naval officers, surveyors and by all officers of the customs throughout the United States, shall be approved by the commissioner of customs, in whose office they are now required to be filed.
17 June 1864.
Ibid. 5. Bonds of revenue officers how approved. 25 June 1864 29. 13 Stat. 161.
8. That the president of the United States be and he is hereby authorized to appoint, in addition to the present number, two appraisers for the port of New York, at an annual salary of twenty-five hundred dollars each.
9. That the secretary of the treasury be and he is hereby authorized to appoint, whenever he shall think it necessary, additional inspectors of the revenue for the districts named below, as follows, to wit: Passamaquoddy, Maine, four; Portland and Falmouth, Maine, eight; Boston and Charlestown, Massachusetts, fourteen; Pembina, Minnesota, two; Chicago, Illinois, eight; Michilimackinac, Michigan, two; Sandusky, Ohio, one; Cuyahoga, Ohio, three; Erie, Pennsylvania, one; Dunkirk, New York, one; Buffalo Creek, New York, six; Niagara, two; Genesee, two; Oswego, five; Oswegatchie, two; Champlain, four; Vermont, two.
10. In lieu of the fees now authorized by law to be collected by customs officers on the northern, north-eastern and north-western frontiers of the United States, there Fees of officers on shall be levied and collected:
the northern frontier.
27 June 1864 27. 13 Stat. 198.
Additional inspectors may be appointed for certain ports.
3 March 1865 21. 13 Stat. 518.
For admeasurements of vessels, the fees prescribed by the act entitled "An act to regulate the admeasurement of tonnage of ships and vessels of the United States," approved May 6th 1864.
Certificate of registry, including bond, two dollars and twenty-five cents.
Certificate of enrolment, including bond on vessel not exceeding fifty tons, one dollar; on vessel of above fifty and not exceeding one hundred and fifty tons, one dollar and fifty cents; on vessel of over one hundred and fifty tons, two dollars.
License, including bond on vessel of not over one hundred and fifty tons, one dollar; on vessel of over one hundred and fifty tons, one dollar and fifty cents.
Endorsement on license of change of master, including master's oath, fifty cents. Certifying manifest, and granting clearance for a licensed vessel to go from district to district, on vessel of fifty tons or under, twenty-five cents; on vessel of over fifty tons, fifty cents.
Receiving certified manifest, and granting permit to unlade, on entry of a vessel from any other district, on vessel of fifty tons or under, twenty-five cents; on vessel of over fifty tons, one dollar.
Entry of a vessel from a foreign port, otherwise than by sea, if vessel of fifty tons or under, fifty cents; if, of over fifty tons, one dollar; and the same fees for clearance of like vessels to foreign ports.
Receiving manifest of goods brought into the United States from foreign countries adjoining said frontiers, by land vehicles, and permit to unlade the same, twenty-five
Receiving manifest of baggage of passengers arriving from foreign countries, adjoining said frontiers, including permit to unlade the same, twenty-five cents.
Granting permit to a vessel not belonging [to] a citizen of the United States to go from district to district, two dollars; and [the] same fee for receiving manifest and granting permit to unlade such vessel, on arrival in a district from another district.
Entry of goods imported from any foreign port or place for consumption, warehousing, rewarehousing, transportation or exportation, entry, including official certificate or oath on entry, or to invoice, fifty cents; and for every post entry, forty cents. Permit to land or deliver goods not above provided for, twenty-five cents.
(a) 1 vol. 329, pl. 57.
(b) 1 vol. 327, pl. 48.
Official bonds, not herein provided for, each one dollar.
Debenture or other official certificate, not herein provided for, twenty-five cents.
Crew-list, including bond, one dollar.
3 March 1865.
Protection, fifty cents.
Recording bill of sales, mortgages, hypothecations or conveyances, fifty cents each, and certified copies thereof, fifty cents each.
Recording certificates for discharging and cancelling such conveyances, fifty cents; copies thereof, twenty-five cents.
Certificate setting forth the names of the owners of a vessel, with their respective interest, and also the material facts of any existing bill of sale, mortgage, hypothecation or other encumbrance, the date and amount of such encumbrance, and the parties thereto, one dollar: Provided, That no bill of sale, mortgage, hypothecation, conveyance or discharge of mortgage or other encumbrance of any vessel, shall be recorded, unless the same is duly acknowledged before a notary public, or other officer authorized to take acknowledgments of deeds.
14 Stat. 185.
11. That the secretary of the treasury be and he hereby is authorized, whenever he 18 July 1866 3 29. shall think it advantageous to the public service of revenue, to abolish or suspend the offices of naval officer, or any other subordinate office, in any collection district of the Certain offices United States, except in those enumerated in section nine of the act of May 7, 1822, (a) ed, and the duties and the amendment thereto, by the act of April 9, 1864, (b) and the port of San Fran- assigned to other cisco, and to assign the duties of the office, or any other subordinate office so abolished or suspended, to a deputy collector or inspector of the customs; and so much of all fines, penalties and forfeitures as would otherwise enure to either of such naval officers shall, after the discontinuance of their offices respectively, be paid into the treasury of the United States, and there credited to the fund for defraying the expenses of collecting the revenue from customs. And the secretary of the treasury is hereby further author- Deputy-collectors ized, in all cases in which, in his opinion, the public interest demands it, to clothe deputy- with the powers be clothed collectors, located at ports other than the principal port of entry of their respective dis- of principals. tricts, with all the powers of their principals appertaining to their official acts.
to be paid, until
12. No officer or clerk, whose duty it shall be to make payments on account of the Ibid. ¿ 30. salary or wages of any officer or person employed in connection with the customs or Salaries of reve the internal revenue service, shall make any payment to any officer or person so em- nue officers not ployed, on account of services rendered, or of salary, unless such officer or person so to affidavit filed. be paid shall have made and subscribed an oath that, during the period for which he or Oath. she is to receive pay for salary or services rendered, neither he nor she, nor any member of his or her family, has received, either personally or by the intervention of another party, any money or compensation of any description whatever, nor any promises for the same, either directly or indirectly, for services rendered or to be rendered, or acts performed or to be performed, in connection with the customs or internal revenue, nor purchased, for like services or acts, from any importer (if affiant is connected with the customs, or manufacturer, if affiant is connected with the internal revenue service), consignee, agent or custom-house broker, or other person whomsoever, any goods, wares or merchandise, at less than regular retail market prices therefor. And any per- False swearing son who shall wilfully and falsely take and subscribe said oath, and being duly convicted thereof, shall be subjected to the penalties and disabilities by law prescribed for the punishment of wilful and corrupt perjury.
13. In all cases in which the fees and emoluments received by any collector or other principal officer of the customs are, in the opinion of the secretary of the treasury, insufficient to afford a reasonable compensation for the services of such officer, after payment out of the same of reasonable incidental expenses of the office, the said secretary may direct that so much of the said incidental expenses, as shall seem to him to be just, shall be paid out of the appropriation for paying the expenses of collecting the revenue; and the said secretary shall have the same power in regard to incidental expenses which have heretofore been incurred, and which have not been settled and paid into the treasury. And all fees paid into the treasury by customs officers shall be Disposition of placed to the credit of the fund for defraying expenses of collecting the revenue from fees paid into the
Ibid. ? 33.
When incidental expenses may be paid out of appropriation.
14. If any collector of the customs, or other officer or agent, shall neglect or refuse Ibid. 40. to comply with the provisions of the first section of the act entitled "An act requiring Penalty for neall moneys receivable from customs and from all other sources to be paid immediately glect to pay over into the treasury, without abatement or reduction, and for other purposes," approved March 3, 1849, (c) he shall be subject to be removed from office, and to forfeit to the
(a) 1 vol. 327, pl. 45.
(b) Supra 3.
(c) 1 vol. 808, pl. 1.