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A BILL regulating the importation of drugs and medicines.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, as follows : SECTION 1. All drugs, medicines, medicinal preparations, including medicinal essential oils, and chemical preparations used wholly or in in part as medicines, imported into the United States from a foreign country or place, shall, before passing the custom-house, be examined and appraised, as well in reference to their quality, purity, strength, and fitness for medicinal purposes, as to their value and identity as stated in the invoice.
Sec. 2. All medicinal preparations, whether chemical or otherwise, shall have the true name of the manufacturer and the place where prepared permanently and legibly affixed to each parcel by stamp, label, or otherwise ; and all such preparations imported contrary nereto shall be seized and forfeited to the United States.
Sec. 3. If, on an analytical examination, any drugs, medicines, or medicinal preparations, whether chemical or otherwise, including medicinal essential oils, are found to be adulterated, or in any manner deteriorated, so as to make them unfit in strength or purity for medicinal use, or unsafe and dangerous for medicinal purposes, a return to that effect shall be made by the examiner upon the invoice, and the article so noted shall not pass the custom-house, unless, on a re examination called for by the owner or consignee, it shall be declared by the report of the re-examiners that the return of the examiner is erroneous, and that the articles may properly, safely, and without danger, be used for medicinal purposes.
Sec. 4. All articles of merchandise used wholly or in part as medicines, or in the preparation of medicines, shall be subject to examination under this act; and the Secretary of the Treasury shall, from from time to time, prescribe the degree of purity and strength of all such articles as may be imported as medicines, or to be used in the preparation of medicines, as a reliable guide to the examiner and reexamination as herein provided.
Sec. 5. The owner or consignee of any articles liable to examination under this act, when dissatisfied with the examiner's return, shall have the right to call for a re-examination, at his own expense, on depositing with the collector a sum sufficient to cover the expense thereof; and thereupon it shall be the duty of the collector to procure a competent analytical chemist, possessing the confidence of the medical profession in the collection district; and said chemist shall make a careful analysis of the articles included in said return, and report upon the same under oath, and the said report shall be final; and in case it shall declare the report of the examiner to be erroneous, and the said articles to be of the required strength and purity, and that the articles may properly, safely, and without danger, be used for medicinal purpose, the articles shall be passed on payment of the duties imposed by law; but if the report of the chemist shall sustain the report of the examiner, in whole or in part, the article reported against shall remain in custody of the collector, but the owner or consignee, on
payment of the storage and other charges and expenses, and giving a bond to re-export the same without the limits of the United States, shall have the right to do so within six months from the date of entry; but, failing to re-export the same, or importing the same again into the United States, if re-exported, the collector shall cause them to be destroyed at the expense of the owner, and the owner or consignee shall be liable to pay the collector all charges and expenses as though the same had been re-exported.
Sec. 6. In order to carry into effect the provisions of this act, the Secretary of the Treasury is hereby authorized and required to appoint suitably qualified persons as special examiners of drugs and medicines, as required by this act, viz: one examiner at each of the ports of New York, Boston, Philadelphia, Baltimore, Charleston, New Orleans, and San Francisco, with the following annual salaries, to wit: at New York two thousand dollars, and fifteen hundred dollars at each of the other ports.
Sec. 7. The special examiners to be appointed under this act shall, before entering on the discharge of the duties, take and subscribe an oath or affirmation to make just and true examinations and reports of all articles required by this act to be examined by them, without favor or partiality; and they shall perform any other duties the Secretary of the Treasury may authorize the collector to require of them.
Sec. 8. Coffee, imported in the berry, or otherwise, and teas, shall be examined by the inspector of drugs and medicines before passing the custom-house, and if found so damaged, adulterated, or deteriorated, as, in his opinion, to be unfit for use, shall be subject to the same provisions, prohibitions, and penalties as are prescribed in this act in the case of spurious and adulterated drugs and medicines.
SEC. 9. The act approved June twenty-six, eighteen hundred and forty-eight, entitled “An act to prevent the importation of adulterated and spurious drugs and medicines,' is hereby repealed. But nothing in this act contained shall in anywise prevent or obstruct the prosecution, recovery, distribution or remission of any fine, penalty, forfeiture, action or cause of action, whether of civil or criminal jurisdiction, which shall have accrued prior to the day this act shall go into effect, under and by virtue of any of the laws by this act repealed, for which purpose the said laws shall continue in force.
Sec. 10. This act shall go into effect, and be in force, on and after -day of — , in the year of our Lord eighteen hundred and —
A BILL-examination of custom-houses, depositories, and other public offices; prohibited
importations and other miscellaneous provisions. Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, as follows : SECTION 1. The Secretary of the Treasury shall have power and authority to appoint agents to examine the mint of the United States and the branches thereof, and the assay office, and their books and money accounts; also the several collection districts and the books and accounts of the different collectors ; also the office of the Treasurer of the United States and the offices of the assistant treasurer thereof; also the offices of the public depositaries of the United States and the offices of the receivers of moneys accruing from the sales of public lands, and their respective books, money accounts, and the manner in which these several officers discharge their duties; also for the detection of fraud on the public revenue, and for the arrest of public defaulters, and for the detection and arrest of counterfeiters of the coin of the United States ; and he may allow a compensation not exceeding six dollars per day and travelling expenses.
SEC. 2. Every collector, naval officer, and surveyor shall cause to be affixed and constantly kept in some public and conspicuous plac of his office, a fair table of the rates of fees demandable by law, and shall give a receipt for the fees he shall receive, specifying the particulars whenever required so to do; and in case of failure therein shall forfeit and pay one hundred dollars, to be recovered with costs in any proper court having cognizance thereof.
SEC. 3. No fees shall be charged or collected from any owner or master of a ship or vessel, or from the owner, importer, agent, or consignee of any goods, wares, or merchandise, by the collectors of the several collection districts, except such as are hereinafter enumerated, viz:
For receiving and recording every mortgage, lien, assignment, bill of sale, transfer, or other paper or document authorized by act of Congress to be recorded, one cent for every ten words; and for the certificate of the same, twenty-five cents. For every exemplication of such record, or for a copy of any paper filed in the office in relation thereto, one cent for every ten words; and for certifying the same, twenty-five cents.
Said fees shall be paid to the collector by the person for whom the services are rendered, and shall be paid into the treasury by the collector as other public moneys. All copies of papers or records in the office of the collectors required for the use of the party or parties demanding the same, not being officers of the government or for their use, shall be paid for at the same rate and in the same manner; and every collector shall be required to render to the Treasury Department, monthly, returns of the fees so received, setting forth the items and the names of the persons from whom received.
Sec. 4. All bonds to the United States required by law, executed by one member of a firm in the name of such firm, as principals, shall equally bind the partner or partners in trade as the person or persons by whom such bond shall have been executed ; and no clerk or hired
princips thereofj by law,
shito, the United on the i
Insttion, are used the words
person in the employment of another shall became principal or surety to any bond to which his employer is a party.
SEC. 5. No bond required by law shall be accepted by any collector of the revenue, unless the principal be a resident of the United States, and the surety or sureties citizens thereof.
Sec. 6. Whenever an oath is required by law, persons conscientiously scrupulous shall be permitted to affirm.
SEC. 7. Nothing contained in this act shall be construed to exempt the masters or owners of vessels from making and subscribing any oaths or affirmations required by any laws of the United States, not immediately relating to the collection of the duties on the importation of goods, wares, and merchandise into the United States.
Sec. 8. Wherever the words "ship" or "vessel,” without further designation, are used in any law of the United States, they shall each be construed to mean any ship or vessel, whether propelled by wind, steam, or otherwise.
Sec. 9. The importation of all indecent or obscene articles, prints, paintings, lithographs, engravings, images, figures, transparencies, daguerreotypes, and photographs, is hereby prohibited ; and no invoice or package whatever, or any part thereof, shall be admitted to entry in which any such articles are contained ; and all invoices and packages whereof any such articles shall compose a part, are hereby declared to be liable to be proceeded against, seized, and forfeited, by due course of law, and the prohibited articles forth with destroyed.
Sec. 10. If any person shall knowingly and willfully, with intent to defraud the revenue of the United States, smuggle, or clandestinely introduce into the United States, any goods, wares, or merchandise subject to duty by law, without paying or accounting for the duty thereon, or shall make out or pass, or attempt to pass, through the custom-house any false, forged, or fraudulent invoice, every such person, his, her, or their aiders and abettors, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding five thousand dollars, or imprisoned for any term of time not exceeding two years, or both, at the discretion of the court.
SEC. 11. If any officer of he customs, clerk, or any other person in the service of the United States under any officer of the customs, shall directly or indirectly take or receive any bribe, reward, or recompense for conniving, or shall connive at, or aid or abet in any way, any false entry of, or appertaining to any ship or vessel or its admeasurement, or of any goods, wares, or merchandise, or for the introduction or landing before entry, without the authority of the collector, of any merchandise, baggage, or Juggage, or at the commission of any other act in violation of the revenue laws of the United States, or shall issue any false certificate or other document prescribed by law or Treasury regulations, and shall be convicted thereof, every such officer or other person shall forfeit and pay to the United States a sum not less than two hundred nor more than two thousand dollars. for each offence; and any person giving or offering any bribe, re-. compense, or reward for any such issue, deception, collusion, or fraud, shall forfeit and pay to the United States two thousand dollars for each offence; and all gifts and donations shall be construed and held
to be bribes, and punished as such. And in all cases where an oath or affirmation is required by any act of Congress from a master or other person having the command of a ship or vessel, or from any owner or consignee of any goods, wares or merchandise, his, her, or their factor or agent, and, generally, whenever an oath or affirmation is required from any person or persons whatsoever, under any act of Congress, if the person so swearing or affirming shall swear or affirm falsely, such person shall, on indictment and conviction thereof, be liable to the pains and penalties prescribed for persons convicted of willful and corrupt perjury.
Sec. 12. No officer of the customs, or other person employed under the authority of the United States in the collection of duties imposed by law on imports, and on the tonnage of ships or vessels, shall own, either in whole or in part, any ship or vessel, or act as agent, attorney, or consignee for the owner or owners of any ship or vessel, or of any cargo or lading on board the same; nor shall any officers of the customs, or other person employed in the collection of the duties aforesaid, import, or become concerned, directly or indirectly, in the importation of any goods, wares, or merchandise, or other thing, or the transportation of passengers or emigrants, into the United States, on penalty that every person so offending, and being thereof convicted, shall forfeit and pay to the United States the sum of five hundred dollars, and be dismissed from office.
Sec. 13. Every collector who shall knowingly make any registry of any ship or vessel, and every other officer or person, appointed by or under them, who shall make any registry, or grant any license or certificate, or other document whatever, contrary to law, or shall take any other or greater fees than allowed by law, or shall receive for any service performed pursuant to law, any reward or gratuity; and every surveyor, or other person appointed to measure ships or vessels, who shall willfully deliver to any collector or naval officer a false description of any ship or vessel to be registered in pursuance of law, shall, upon conviction of any such offence, forfeit to the United States the sum of five hundred dollars, and be rendered incapable of serving in any office of trust or profit in the United States; and if any person authorized and required by law, in respect to his office, to perform any act or thing required by law, shall willfully neglect or refuse to do or perform the same according to law, such person, on being duly convicted thereof, if not subject to other penalty and disqualification, shall forfeit and pay to the United States the sum of five hundred dollars for the first offence, and a like sum for the second offence, and shall thenceforward be rendered incapable of holding any office of trust or profit under the United States.
SEC. 14. Any person who shall, on the high seas, or on the lakes or navigable waters of the United States, extending to a port of entry or delivery, willfully, with intent to burn or destroy, set fire to any ship or other vessel, or otherwise attempt the destruction of such ship or other vessel, being the property of any citizen or citizens of the United States, or procure the same to be done, with the intent aforesaid, and being thereof lawfully convicted, shall suffer imprisonment
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