bay, or waters, subject to the jurisdiction of the United States, and within its limits, and shall have remained so sunk for the period of two years, and shall be abandoned by the owners thereof, any person or persons who may raise such ship or vessel, shall be permitted to bring any merchandise recovered therefrom into the port nearest to the place where said ship or vessel was so raised, free from the payment of any duty thereupon, and without being obliged to enter the same at the custom-house, under such rules and regulations as the Secretary of the Treasury may prescribe.* JULY 30, 1846. (U. S. STATUTES AT LARGE, Vol. IX, p. 42.) CHAP. LXXIV.-An Act reducing the Duty on Imports and for other purposes. 25. SECTION 4. In all cases in which the invoice or entry shall not contain the weight, or quantity, or measure, of goods, wares, or merchandise, now weighed, or measured, or gauged, the same shall be weighed, gauged, or measured, at the expense of the owner, agent, or consignee. 26. SECTION 10. No officer or other person, connected with the navy of the United States, shall, under any pretence, import in any ship or vessel of the United States any goods, wares, or merchandise, liable to the payment of any duty. AUGUST 8, 1846. (U. S. STATUTES AT LARGE, Vol. IX, p. 77.) CHAP. CII.-An Act for the Allowance of Drawback on foreign Merchandise imported into certain Districts of the United States from the British North American Provinces, and exported to foreign Countries. 27. Any merchandise imported from the British North American Provinces adjoining the United States, which shall have been duly entered, and the duties thereon paid or secured according to law, at either of the ports of entry in the collection districts situated in the northern, northeastern, and northwestern frontiers of the United States, may be transported by land or by water, or partly by land and partly by water, to any port or ports from which merchandise may, under existing laws, be exported for the benefit of drawback, and be thence exported with such privilege to any foreign country: Provided, That such exportations shall be made within one year from the date of importation of said merchandise, and that existing laws relating to the transportation of merchandise entitled to drawback, from one district to another, or to two other districts, and the due exportation and proof of landing thereof, and all regulations which the Secretary of the Treasury may prescribe for the security of the revenue, shall be complied with. MARCH 29, 1848. (U. S. STATUTES AT LARGE, VOL. IX, p. 217.) CHAP. XXIV.-An Act to remit the Duties on Books, Maps, and Charts, imported for the Use of the Library of Congress ‡ 276. [That the Secretary of the Treasury be, and he hereby is, directed to remit all duties upon such books, maps, and charts as have been during the present year, or hereafter may be, imported into the United States by authority * "Special instructions will be given in each such case, by the department, on application. No such goods will be thus admitted in the absence of such instructions. Not only the goods, but the vessel itself must be raised, in whole or in part." (Rev. Reg., 1874, art. 323.) This probably means public vessel of the United States. (See Rev. Reg., 1874, art. 321.) This act is no longer in force; but is inserted here to explain paragraph 147, which was evidently intended to be a copy of this. of the Joint Library Committee of Congress, for the use of the Library of Cougress: Provided, That if, in any case, a contract shall have been made with any bookseller, importer, or other person, for books, maps, or charts, in which contract the bookseller, importer, or other person aforesaid, shall have paid the duty, or included the duty in said contract, in such case the duty shall not be remitted.] (147.) JUNE 26, 1848. (U. S. STATUTES AT LARGE, VOL. IX, p. 237.) CHAP. LXX. —An Act to prevent the Importation of adulterated and spurious Drugs and Medicines. 28. SECTION 1. From and after the passage of this act, all drugs, medicines, medicinal preparations, including medicinal essential oils, and chemical preparations used wholly or in part as medicine, imported into the United States from abroad, shall, before passing the custom-house, be examined and appraised, as well in reference to their quality, purity, and fitness for medical purposes, as to their value and identity specified in the invoice. 29. SECTION 2. All medicinal preparations, whether chemical or otherwise, usually imported with the name of the manufacturer, shall have the true name of the manufacturer, and the place where they are prepared, permanently and legibly affixed to each parcel, by stamp, label, or otherwise; and all medicinal preparations imported without such names affixed as aforesaid, shall be adjudged to be forfeited. 30. SECTION 3. If, on examination, any drugs, medicines, medicinal preparations, whether chemical or otherwise, including medicinal essential oils, are found, in the opinion of the examiner, to be so far adulterated, or in any manner deteriorated, as to render them inferior in strength and purity to the standard established by the United States, Edinburgh, London, French, and German pharmacopoeias and dispensatories,* and thereby improper, unsafe, or danger. "It is not conceived to be the intention of the law that the articles referred to should conform in strength and purity to each and all of those standards, as such conformity is believed to be impracticable, owing to the variations in those standards. If, therefore, the articles in question be manufactured, produced, or prepared in England, Scotland, France, or Germany, as the case may be, and prove to conform in strength and purity to the pharmacopoeia and dispensatory of the country of their origin, said articles become exempt from the penalties of the law. All articles of the kind mentioned, produced, manufactured, or prepared in any other country than those before mentioned, must conform in the qualities stated, to the United States pharmacopoeia and dispensatory. With a view to afford a reliable guide to the examiner of drugs and medicines, as well as to the analytical chemist, on appeal, in ascertaining the admissibility of such articles under the provisions of law, founded on their purity and strength, the following list is given of some of the principal articles, with the result of special tests agreeing with the standard authorities referred to in the law; all of which articles are to be entitled to entry when ascertained by analysis to be composed as noted, viz.: Aloes, when affording 80 per cent. of pure aloetic extractive. Assafoetida, w. n affording 50 per cent. of its peculiar bitter resin, and 3 per cent. of volatile oil. Bark, Cinchona, when affording 1 per cent. of pure quinine, whether called Peruvian. Calisaya, Arica, Carthagena, Maracaibo, Santa Martha, Bogota, or under whatever name, or from whatever place; or Bark, Cinchona, when affording 2 per cent. of the several natural alkaloids, combined, as quinine, cinchouine, quinidine, arieene, &c., the barks of such strength being admissible as safe and proper for medicine, and useful for chemical manufacturing purposes. Benzoin, when affording 80 per cent. of resin, or Galbanum, when affording 19 per cent. of gum, and 6 per cent of volatile oil. Guri ammoniac, when affording 70 per cent. of resin, and 18 per cent. of gum. Jalap, when affording 11 per cent. of pure jalap resin, whether in root or in powder. Myrrh, when affording 30 per cent. of pure myrrh resin, and 50 per cent. of gum. Rhubarb, when affording 40 per cent. of soluble matter, whether in root or powder; none admissible but the article known as East India, Turkey, or Russian rhubarb. Sagapenum, when affording 50 per cent. of resin, 30 66 3 Scammony, when affording 70 per cent. of pure scammony resin. of gum, and All medicinal leaves, flowers, barks, roots, extracts, &c., not herein specified, must be, when imported, in perfect condition, and of as recent collection and preparation as practicable. All pharmaceutical and chemical preparations, whether crystallized or otherwise, used in medicine, must be ous to be used for medicinal purposes, a return to that effect shall be made upon the invoice, and the articles so noted shall not pass the custom-house, unless, on a re-examination of a strictly analytical character, called for by the owner or consignee, the return of the examiner shall be found erroneous; and it shall be declared as the result of such analysis, that the said articles may properly, safely, and without danger, be used for medicinal purposes. 31. SECTION 4. The owner or consignee shall at all times, when dissatisfied with the examiner's return, have the privilege of calling, at his own expense, for a re-examination; and, on depositing with the collector such sum as the latter may deem sufficient to defray such expense, it shall be the duty of that officer to procure some competent analytical chemist possessing the confidence of the medical profession, as well as of the colleges of medicine and pharmacy, if any such institutions exist in the State in which the collection district is situated, a careful analysis of the articles included in said return, and a report upon the same under oath; and in case the report, which shall be final, shall declare the return of the examiner to be erroneous, and the said articles to be of the requisite strength and purity, according to the standards referred to in the next preceding section of this act, the entire invoice shall be passed without reservation, on payment of the customary duties; but, in case the examiner's return shall be sustained by the analysis and report, the said articles shall remain in charge of the collector, and the owner or consignee, on payment of the charges of storage, and other expenses necessarily incurred by the United States, and on giving a bond with sureties satisfactory to the collector to land said articles out of the limits of the United States, shall have the privilege of re-exporting them at any time within the period of six months after the report of the analysis; but if the said articles shall not be sent out of the United States within the time specified, it shall be the duty of the collector, at the expiration of said time, to cause the same to be destroyed, holding the owner or consignee responsible to the United States for the payment of all charges, in the same manner as if said articles had been re-exported. 32. SECTION 5. 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, medicines, chemicals, &c., namely: one examiner in each of the ports of New York, Boston, Philadelphia, Baltimore, Charleston, and New Orleans,* with the following salaries, viz.: at New York, sixteen hundred dollars per annum; and at each of the other ports above named, one thousand dollars per annum; which said salaries shall be paid each year, quarterly, out of any moneys in the treasury not otherwise appropriated; and it shall be the duty of the said Secretary to give such instructions to the collectors of the customs in the other collection districts, as he may deem necessary to prevent the importation of adulterated and spurious drugs and medicines. 33. SECTION 6. The special examiners to be appointed under this act shall, before entering on the discharge of their duties, take and subscribe the oath or affirmation required by the ninth section of the act of the thirtieth of July, eighteen hundred and forty-six, entitled "An Act reducing the duty on imports, and for other purposes." 34. SECTION 7. The special examiners authorized to be appointed by the fifth found on examination to be pure and of proper consistence and strength, as well as of perfect manufacture, conformably with the formulas contained in the standard authorities named in the act; and must in no instance contain over three per cent. of excess of moisture or water of crystallization. Essential or volatile oils, as well as expressed oils, used in medicine, must conform in purity to the standards of specific gravity noted and declared in the dispensatories mentioned in the act. Patent or secret medicines' are by law subject to the same examination, and disposition after examination, as other medicinal preparations, and cannot be permitted to pass the custom-house for consumption, but must be rejected and condemned, unless the special examiner be satisfied, after due investigation, that they are fit and safe to be used for medicinal purposes." (Rev. Reg., 1874, pp. 206, 207, 208.) The Act of August 18, 1856, Chapter 129, Section 17, provides "that the Secretary of the Treasury be and he is hereby authorized and required to appoint a suitably qualified person as special examiner of drugs, chemicals, medicines, &c., at San Francisco in California, whose annual salary shall be two thousand dollars." At all other ports examiners of drugs are appointed under the provisions of section 16 of the act of March 1, 1823. (See paragraph 14b. ante, and Rev. Reg., 1874, art. 458.) section of this act shall, if suitably qualified persons can be found, be taken from the officers now employed in the respective collection districts; and if new appointments shall be necessary for want of such persons, then, as soon as it can be done consistently with the efficiency of the service, the officers in said districts shall be reduced, so that the present number of said officers shall not be permanently increased by reason of such new appointments. MARCH 3, 1851. (U. S. STATUTES AT LARGE, VOL. IX, p. 629.) CHAP. XXXVIII.—An Act to amen l the Acts regulating the Appraisement of importea Merchandise, and for other Purposes. 35. In all cases where there is or shall be imposed any ad valorem rate of duty on any goods, wares, or merchandise imported into the United States, it shall be the duty of the collector within whose district the same shall be imported or entered, to cause the actual market value or wholesale price thereof at the period of the exportation to the United States, in the principal markets of the country from which the same shall have been imported into the United States, to be appraised, estimated, and ascertained; and to such value or price shall be added all costs and charges, except insurance, and including in every case a charge for commissions at the usual rates, as the true value at the port where the same may be entered, upon which duties shall be assessed. 36. SECTION 2. The certificate of any one of the appraisers of the United States of the dutiable value of any imported merchandise required to be appraised, shall be deemed and taken to be the appraisement of such merchandise required by existing laws to be made by such appraisers. And where merchandise shall be entered at ports where there are no appraisers, the certificate of the revenue officer to whom is committed the estimating and collection of duties of the dutiable value of any merchandise required to be appraised, shall be deemed and taken to be the appraisement of such merchandise required by existing laws to be made by such revenue officer. 37. SECTION 3. There shall be appointed by the President of the United States, by and with the advice and consent of the Senate, four appraisers of merchandise, to be allowed an annual salary each of two thousand five hundred dollars, together with their actual travelling expenses, to be regulated by the Secretary of the Treasury, who shall be employed in visiting such ports of entry in the United States, under the direction of the said Secretary, as may be deemed useful by him for the security of the revenue, and shall at such ports afford such aid and assistance in the appraisement of merchandise thereat as may be deemed necessary by the Secretary of the Treasury to protect and insure uniformity in the collection of the revenue from customs; and wherever practicable, in cases of appeal from the decision of United States appraisers, under the provisions of the seventeenth section of the tariff act of thirtieth August, eighteen hundred forty-two, the collector shall select one discreet and experienced merchant, to be associated with one of the appraisers appointed under the provisions of this act, who together shall appraise the goods in question; and if they shall disagree, the collector shall decide between them; and the appraisement thus determined shall be final, and deemed and taken to be the true value of said goods, and the duties shall be levied thereon accordingly, any act of Congress to the contrary notwithstanding. 38. SECTION 4. This act shall take effect on and after the first day of April next; and all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed. CHAP. LXIII.- An Act to amend the twenty-eighth Section of the Act of Congress app oved the thirtieth of August one thousand eight hundred and forty-two, entitled "An Act to provide Revenue from Imports, and to change and modify existing Laws imposing Dities on Imports, and for other Purposes,”—prohibiting the Importation of obscene and indecent Articles, so as more effectually to accomplish the purposes for which that Provision was enacted. 39. That the twenty-eighth section of the act of Congress, approved the thirtieth of August, one thousand eight hundred and forty-two, and entitled "An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes," be amended as follows: The importation of all indecent or obscene articles, prints, paintings, lithographs, engravings, images, figures, daguerreotypes, photographs, and transparencies, is hereby prohibited, and no invoice or package whatever, or any part thereof, in which any such articles are contained, shall be admitted to entry; 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 said articles shall be forthwith destroyed. MARCH 2, 1861. (U. S. STATUTES AT LARGE, VOL. XII, p. 178.) CHAP. LXVIII –An Act to provide for the Payment of outstanding Treasury Notes, to authorize a Loan, to regulate and fix the Duties on Imports, and for other Purposes. [Sections 1, 2, 3, and 4, have no relation to duties on imports.] SECTION 5. [From and after the first day of April, Anno Domini eighteen hundred and sixtyone, in lieu of the duties heretofore imposed by law on the articles hereinafter mentioned, and on such as may now be exempt from duty, there shall be levied, collected, and paid, on the goods, wares, and merchandise, herein enumerated and provided for, imported from foreign countries, the following duties and rates of duty, that is to say:] 40. First: [On raw sugar, commonly called Muscovada or brown sugar, not advanced beyond the raw state by claying or other process; and on sirup of sugar or of sugar-cane, and concentrated molasses, or concentrated melado, and on white and clayed sugars, when advanced beyond the raw state by claying, or other process, and not refined, three-fourths of one cent per pound; on refined sugars, whether loaf, lump, crushed, or pulverized, two cents per pound; on sugars, after being refined, when they are tinctured, colored, or in any way adulterated, and on sugar candy, four cents per pound : Provided, That all sirups of sugar, or of sugar-cane, concentrated molasses or melado, entered under the name of molasses, or any other name than sirup of sugar or of sugar cane, concentrated molasses, or concentrated melado, shall be liable to forfeiture to the United States; on molasses two cents per gallon; on confectionery of all kinds, not otherwise provided for, thirty per centum ad valorein.] (180.) SECTION 6. From and after the day and year aforesaid there shall be levied, collected, and paid, on the importation of the articles hereinafter mentioned, the following duties, that is to say: 41. First: [Cn brandy, for first-proof, one dollar per gallon; on other spirits manufactured or distilled from grain, for first-proof, forty cents per gallon; on spirits from other materials, for firstproof, forty cents per gallon; on cordials and liquors of all kinds, fifty cents per gallon; on arrack, absynthe, kirschenwasser, ratafia, and other similar spirituous beverages not otherwise provided for, fifty cents per gallon on bay rum, twenty-five cents per gallon: Provided, That the duty upon brandy spirits, and all other spirituous beverages herein enumerated, shall be collected upon the basis of firstproof, and so in proportion for any greater strength than the strength of first-proof; on wines of all kinds, forty per centum ad valorem: Provided, That all imitations of brandy, or spirits, or of any of the said wines, and all wines imported by any names whatever, shall be subject to the duty provided for the genuine article which it is intended to represent: Provided, further, That brandies, or other spirituous liquors may be imported in bottles, when the package shall contain not less than one dozen, and all bottles shall pay a separate duty, according to the rate established by this act, whether containing wines, brandies, or other spirituous liquors, subject to duty as herein before mentioned; on ale, porter, and beer, in bottles, twenty-five cents per gallon; otherwise than in bottles, fifteen cents per gallon; on all spirituous liquo s not enumerated, thirty-three and one-third per centum ad valorem. 1 (189, 190, 195.) |