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1960. He shall, from time to time, and particularly on the first Mondays in January and July, in each year, examine and 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, he shall report the same to the collector, and obey and execute such directions as he may receive for correcting thereof, agreeably to the standards aforesaid.(1)
1961. And he shall, in all cases, be subject to the direction of the collector.(1)
1962. In case of the disability or death of a surveyor, the collector of the district may nominate some fit person to perform his duties and exercise his authorities.(2)
For power of surveyors to appoint deputies, see Section VI. of this chapter, (infra.)
1963. There shall be paid to each surveyor, for the admeasurement, and certifying the same, of every ship or vessel of one hundred tons and under, one cent per ton: for the admeasurement of every ship or vessel above one hundred tons, and not exceeding two hundred tons, one hundred and fifty cents; for the admeasurement of every ship or vessel above two hundred tons, two hundred cents; for all other services, by this act to be performed by such surveyor, on board any ship or vessel of one hundred tons or upwards, having on board goods subject to duty, three dollars; for the like services on board any ship or vessel of less than one hundred tons burthen, having on board such goods, one and a half dollars; on all vessels not having on board goods subject to duty, two-thirds of a dollar. All which fees shall be paid by the master or owner of the vessel in which such services shall be performed, to the surveyor by whom they shall be performed; if performed by one only, for his sole benefit; but if performed by more than one, to him who shall have the first agency, to be divided in equal parts, between him and the other or others by whom the said services shall also be performed.(3)
1964. Every surveyor shall, within three months after he enters upon the execution of his office, give bond, with one or more sufficient sureties, to be approved by the comptroller of the treasury of the United States, and payable to the United States, with condition for the true and faithful discharge of the duties of his office, according to law, that is to say, the surveyors of the port of Boston and Charlestown, New York, Philadelphia, Baltimore and Charleston, in the sum of five thousand dollars, each; and all other surveyors in the sum of one thousand dollars, each; which bonds shall be filed in the office of the comptroller, and be by him severally put in suit, for the benefit of the United States, upon any breach of the condition thereof.(4)
ficer of the treasury department, employ proper persons as inspectors at the several ports within his district.(1)
1966. In the ports of Boston, New York, Philadelphia, Baltimore, Charleston, Savannah, and New Orleans, no person shall be an inspector who, at the same time, holds any other office in the collection of the customs in either of the said ports.(2)
1967. To each inspector there shall be allowed, for every day he shall be actually employed in aid of the customs, a sum not exceeding three dollars; and for every other person that the collector may find it necessary and expedient to employ, as occasional inspectors, or in any other way in aid of the revenue, a like sum, whilst actually so employed; to be paid by the collector out of the revenue and charged to the United States. The services performed by occasional inspectors, shall be particularly detailed in the accounts to be transmitted to the treasury, and certified, as to the necessity as well as performance, of such services, by the naval officer or surveyor of the district, if any such officers there be.(3)
Of Powers and Duties common to several Officers of the Customs.
ART. 1968. The collectors, naval officers, and surveyors, shall attend in person at the ports to which they are respectively assigned; 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 proper department, or officer having the superintendence of the collection of the revenue of the United States; and shall, at all times, submit their books, papers, and accounts, to the inspection of such persons as may be appointed for that purpose.(1)
1969. And if any collector, naval officer, or surveyor, shall omit to keep fair and true accounts, or shall refuse to submit forthwith his books, papers, and accounts, to such inspection; or shall refuse to render his accounts for settlement, for the term of three months after they shall have been required by the proper officer, he shall forfeit and pay, for the use of the United States, one thousand dollars, to be recovered with costs of suit.(1)
1970. Every collector, naval officer, and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may, respectively, exercise and perform their several functions, by deputy, duly constituted under their hands and seals, respectively, for whom, in the execution of their trust, they shall, respectively, be answerable; and the authorities of the persons who may be empowered to act in the stead of those who may be disabled or dead, shall continue until successors shall be duly appointed and ready to enter upon the execution of their respective offices.(2)
1971. The several officers of the customs shall seize and secure any vessel or goods liable to seizure by virtue of any act of the United States, respecting the revenue, as well without, as within, their respective districts.(3)
1972. Any officer of the revenue may go on board of any vessel, whether she be within or without his district, and the same inspect, search, and examine, and if it shall appear that any breach of the laws of the United States has been committed, whereby such vessel, or the goods on board, or any part thereof, are liable to forfeiture, may make seizure of the same.(4)
1973. If any officer, or other person executing, or aiding, or assisting in the seizure of goods, shall be sued or molested for any thing done in virtue of the powers given by law, or by virtue of a warrant granted by any judge or justice pursuant to law, such officer or other person may plead the general issue, and give the act of 1799 and the special matter in evidence; and if in such suit the plaintiff be nonsuited, or judgment pass against him, the defendant shall recover double costs. And in actions, suits, or informations, to be brought where any seizure shall be made pursuant to the act of 1799, if the property be claimed by any person, the onus probandi shall lie upon the claimant, where probable cause is shown for such prosecution, to be judged of by the court before whom the prosecution is had.(5)
1974. If any person shall forcibly resist, prevent, or impede, any officer of the customs, or his deputy, or any person assisting him, in the execution of his duty, he shall, for every such offence, be fined in a sum not exceed ing four hundred dollars.(6)
1975. And if the master of any vessel coming into, or arriving at, any
(1) Act 2d March, 1799, sec. 21. (2) Ibid. sec. 22.
(3) Ibid. sec. 70.
(4) Act 18th Feb. 1793, sec. 27.
(5) Act 2d March, 1799, sec. 71.-1st March, 1823, sec. 35.
(6) Act 2d March, 1799, sec. 71.
port or place within the United States, shall obstruct or hinder, or shall be the means of any obstruction or hinderance, with such an intent, to any officer of the customs, in going on board such vessel for the purpose of carry. ing into effect any of the revenue laws of the United States, he shall forfeit, for every such offence, a sum not exceeding five hundred, nor less than fifty, dollars.(1)*
1976. See article supra 1547.
1977. Every collector, naval officer, 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 emoluments, shall be rendered on oath or affirmation, at such times and in such forms, and shall be supported by such proofs, as shall be prescribed by the secretary of the trea sury, and all such accounts shall be settled at the treasury like other public accounts.(2)
1978. Every collector, naval officer, 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 stationary, official or contingent expenses, fuel, and office rent, stating the purposes for which the premises rented are applied.(3)
1979. The secretary of the treasury may, from time to time, limit and fix the number and compensations 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. But no such de
puty, in any of the districts of Boston and Charlestown, New York, Philadelphia, Baltimore, Charleston, Savannah, or New Orleans, shall receive more than one thousand five hundred dollars, nor any other such deputy more than one thousand dollars, in any one year, for any services he may perform for the United States in any office or capacity.(4)
1980. No account for the compensation of services of any clerk, or other person employed in any duties in relation to the collection of the revenue, shall be allowed, until he shall have certified, on oath or affirmation, that the services have been performed, that he has received the full sum therein charged, to his own use and benefit, and that he has not paid, deposited, or assigned, nor contracted to pay, deposite, or assign, any part of such compensation to the use of any other person, nor in any way, directly or indi rectly, paid or given, nor contracted to pay or give, any reward or compen sation for his office or employment, or the emoluments thereof.(5)
1981. If any person employed in any duties in relation to the collection
(1) Act 2d March, 1799, sec. 71.
(4) Ibid. sec. 15.
* An inspector is an officer of the customs, the obstruction of whom is within the 71st section of the collection act of 1799. An inspector had a right to go on board any vessel to discover if any goods were illegally laden on board, contrary to the embargo acts; and if obstructed in so doing, an indictment lay under said section.-United States v. Sears, 1 Gallis, 215.
It is not necessary in an indictment for the obstruction of public officers to set forth the particular exercise of the office in which they were engaged at the time, or the particular act and circumstances of obstruction; these are all proper matters of evidence.-United States v. Bachelder, 2 Gallis, 15.
If an officer of the customs seize without probable cause, no indictment will lie under the 71st section above given for resisting him in the seizure.-United States v. Gay, 2 Gallis, 359.
of the revenue, shall accept or receive any fee, reward, or compensation, other than that allowed by law, for any service he may perform for any person, in making any entrance or clearance, or preparing any papers to be used or kept in the custom-house, such person shall be removed from office, and shall, moreover, on conviction thereof, pay a fine not exceeding five hundred dollars.(1)
1982. No collector, surveyor, or naval officer, shall ever receive more than four hundred dollars annually, exclusive of his compensation as collector, surveyor, or naval officer, and the fines and forfeitures allowed by law, for any services he may perform for the United States in any other of fice or capacity.(2)
1983. There shall be allowed and paid, for the use of the collectors and naval officers appointed, and to be appointed, in pursuance of law, the fees following; that is to say: To each collector, for every entrance of any ship or vessel of one hundred tons burthen and upwards, two dollars and a half; for every clearance of any ship or vessel of one hundred tons burthen and upwards, two dollars and a half; for every entrance of any ship or vessel under the burthen of one hundred tons, one dollar and a half; for every clearance of any ship or vessel under one hundred tons burthen, one dollar and a half; for every post entry, two dollars; for every permit to land goods, twenty cents; for every bond taken officially, forty cents; for every permit to load goods for exportation, which are entitled to drawback, thirty cents; for every debenture or other official certificate, twenty cents; for every bill of health, twenty cents; for every official document (register's excepted) required by any merchant, owner or master, of any ship or vessel not before enumerated, twenty cents; and where a naval officer is appointed to the same port, the said fees shall be equally divided between the collector and the naval officer, the latter paying one-third of the expense of the necessary stationary, and of the rent of an office, to be provided by the collector, at the place assigned for his residence, and as convenient as may be for the trade of the district; except the expense of fuel, office rent, and necessary stationary for the collectors of the districts of Salem and Beverly, Boston and Charlestown, the cities of New York, Philadelphia and Charleston, the towns of Baltimore, Norfolk and Portsmouth, which shall be paid, three-fourths by the said collectors, and the other fourth by the respective naval officers in those districts; and all fees shall, at the option of the collector, be either received by him or by the naval officer; the party receiving to account monthly with the other for his proportion or share thereof: Provided, That all fees arising on the exportation of any goods on which drawbacks are allowed, shall be equally shared among the collector, naval officer, and surveyor, where there are such officers at the port where the fees are paid, to be accounted for monthly by the collector or naval officer who shall receive the same; and where there is no naval officer, such fees shall be divided equally between the collector and the surveyor who may have been concerned in attending to such exportation; and the surveyors shall pay their proportion of the expenses of stationary and printing.(3)
1984. Every collector, naval officer, 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 he shall receive, specifying the particulars, whenever required so to do; and in case of failure therein, shall forfeit and
(1) Act 7th May, 1822, sec. 17.
(2) Ibid. sec. 18.
(3) Act 2d March, 1799, sec. 2.