-neglects to choose, &c.

praisers to at

ed declines or in any case where the party in interest shall decline or neglect to choose a respectable resident merchant to join in such appraisement, the collector shall make the selection necessary to the due execution of this act, and the appraisement so made by them, or a majority of them, shall be valid and effectual in law; The secretary and the secretary of the treasury shall have authority to direct of the treasury the appraisers for any collection district to attend in any other may direct ap- district for the purpose of appraising any goods, wares, or mertend in other chandise, imported therein; and for such service they shall, respectively, receive at the rate of five dollars a day whilst engag5 dolls a day and 5 dolls. for ed therein, and at the rate of five dollars for every twenty-five every 25 miles miles in going to, and returning from, such district; which shall form no part of the salary provided for by this act. And the The president president of the United States is hereby authorized, in the recess in the recess of the senate, to appoint the appraisers of the said ports, which of the senate, appointments shall continue in force until the end of the next session of congress.

districts, &c.

travel, &c.

may appoint

&c.

Merchants

chosen to make appraisement declining or meglecting to assist, subject

§ 10. That any merchant who shall be chosen by the collector, or by the party in interest, to make any appraisement required under this act, or under any other act respecting imports and tonnage, and who shall, after due notice of such choice has been given, decline or neglect to assist at such appraisement, shall be to a fine of 50 subject to a fine of not more than fifty dollars, and to the costs of prosecution in any court of the United States having cognizance of the same.

dolls, &c.

Whenever the

collector sus

pects that im

have been in

he shall direct

§ 11. That whenever, in the opinion of the collector, there shall be just grounds to suspect that goods, wares, or merchanported goods dise, subject to an ad valorem duty, and imported into his dissubject, &c. trict, have been invoiced below the true value of such goods, voiced below wares, or merchandise, in their actual state of manufacture, at the true value, the place from which they were imported, such collector shall them to be ap- direct the same to be appraised in the manner prescribed by the ninth section of this act; and if the value at which the same If the apprais- shall be appraised shall exceed, by twenty-five per centum, the ceeds the in- invoice prices thereof, then, in addition to the ten or twenty per centum, as the case may be, laid upon correct and regular invoices according to law, there shall be added fifty per cent. on the appraised value; on which aggregate amount the duties on praised value, such goods, wares, or merchandise, shall be estimated.

praised.

ed value ex

voice prices

25 per cent. 50 per cent.

shall be added to the ap

&c.

sidered the

true, where it

exceeds the

invoice, value,

12. That in all cases where the appraised value of any The appraised, to be con- goods, wares, or merchandise, appraised under this, or any other, act concerning imports and tonnage, shall exceed, by less than twenty-five per centum, the invoice value thereof, such appraised value shall be considered the true value of such goods, wares, or merchandise, upon which the duty is to be estimated, with the addition of such per centum as is by law required: but in all cases where the appraised value shall be less than the invoice less than the value, the duty shall be charged on the invoice value in the same manner as if no appraisement had been made.

by less than 25 per cent., &c. Where the

appraised, is

invoice, value, &c.

Goods subject to ad valorem

13. That any goods, wares, or merchandise, subject to an duty, &c. sub- ad valorem duty, and belonging to a person or persons residing, and, at the time of the importation thereof, being, out of the United States, and which shall be imported in the United States,

ject to the

same appraisement,

but, for want of the verification required by the eighth section &c. as preof this act, not admitted to entry, shall be subject to the same scribed by the appraisement, and to the same addition to the appraised value, this act. as are prescribed by the eleventh section of this act, in the case

of fraudulent invoices.

duty accruing

cent. &c.

14. That one half of the duty accruing on the additional One half of the fifty per centum, which may be imposed on any goods, wares, or on the addimerchandise, in virtue of the eleventh section of this act, shall tional 50 per be divided among the customhouse officers of the port in which shall be divid such goods, wares, or merchandise, may be, in the manner pre- customhouse scribed by the act, entitled "An act to regulate the duties on im- officers, &c. ports and tonnage," passed on the second of March, one thousand seven hundred and ninety-nine.

ed among the

from a wreck

Goods damag

§ 15. That, before any goods, wares, or merchandise, which Goods taken may be taken from any wreck, shall be admitted to entry, the to be appraissame shall be appraised in the maner prescribed by the ninth ed. section of this act; and the same proceedings shall also be had, ed on the voywhere a reduction of duties shall be claimed, on account of da- age, to be also mage which any goods, wares, or merchandise, imported into the United States, shall have sustained in the course of the voyage.

appraised.

cept, &c.

16. That the expenses of appraisements made under this act Expenses of appraisement shall, in all cases, be borne by the owner or owners of the goods, to be borne by wares, or merchandise, appraised, except when the appraisement owners; exordered under the eleventh section shall not exceed the invoice value of such goods, wares, or merchandise, and where it shall be made on goods damaged by the voyage; and except, also, except also, when the goods, wares, or merchandise, appraised, shall have been taken from a wreck.

&c.

ann. to each of

York.

to receive

Merchants

17. That each of the appraisers who may be appointed un- 1600 dolls. per der the ninth section of this act, in the several ports therein nam- the appraisers, ed, excepting New York, shall receive, as a compensation for except New his services, one thousand five hundred dollars per annum, and Each apprais the appraisers for the port of New York shall receive, each, two er for N. York thousand dollars per annum; and the merchants who may act as 2,000 dolls. appraisers under this act, shall receive for their services, while per ann. employed on that duty, a compensation of five dollars per diem; acting as ap and the said sum of five dollars per diem, for each of the ap- praisers to repraisers (whether official appraisers or selected merchants) shall per diem while be paid to the collector, by the owner or agent of the goods, employed, to wares, or merchandise, appraised by them, respectively, in all lector, &c. cases where such owner or agent may be liable to the expense of appraisement, before the delivery of such goods, wares, or merchandise, by the collector. The sums so received shall be forth- Collector to with paid by such collector to the appraisers, and the amount so pay appraispaid to the official appraisers shall be in part satisfaction of their salary.

ceive 5 dolls.

ers, &c.

a consul for every verifica

18. That, for every verification made under this act, before Two dollars to a consul of the United States, such consul shall be entitled to demand and receive, from the person making the same, a fee of two tion." dollars. 19. That when any goods, wares, or merchandise, shall be The collector admitted to entry upon invoice, the collector of the port in which to certify inthe same are entered shall certify such invoice under his official other evidence

voice, and no

in court on the part of the

to be admitted seal; and no other evidence of the value of such goods, wares, or merchandise, shall be admitted on the part of the owner or owner, except owners thereof, in any court of the United States, except in corin corrobora- roboration of such invoice.

tion, &c.

Persons coun

20. That any person or persons, who shall counterfeit any terfeiting cer- certificate or attestation made in pursuance of this act, or use tificates, &c. guilty of felo such certificate or attestation, knowing the same to be counterny, and sup- feit, shall, upon conviction thereof before any court of the and imprison- United States having cognizance of the same, be adjudged guilty of felony, and be fined in a sum not exceeding ten thousand dollars, and imprisoned for a term not exceeding three years.

ject to a fine

ment.

No discount on goods sub

21. That no discount shall be allowed on any goods, wares, ject to ad valo- or merchandise, subject to ad valorem duty, admitted to entry, rem duty, un- unless the importer shall expressly state, on oath or affirmation, less the impor- that such discount has been actually and bona fide allowed to makes oath, the owner or owners of such goods, wares, or merchandise, in the payment made for the same.

ter affirms or

&c.

Collectors to

cause one

package of

&c. to be ex

amined, and if, &c. a full inspection to take place.

22. That the collectors of the customs shall be required to cause at least one package out of every invoice, and one packevery invoice, age at least out of every fifty packages, of every invoice, of goods, wares, or merchandise, imported into their respective districts, to be opened and examined, and if the same be found not to correspond with the invoice thereof, or to be falsely charged in such invoice, a full inspection of all such goods, wares, or merchandise, as may be included in the same entry, shall be made; and if any package is found to contain any article not described in the invoice, the whole package shall be forfeited; and in case such goods, wares, or merchandise, shall be subject to an ad valorem duty, the same proceedings shall be had, and the same penalties shall be incurred, as are provided in the eleventh section of this act: Provided, That nothing herein contained shall save from forfeiture any package having in it any article not described in the invoice.

If a package

contains an article not de

scribed in the

invoice, the whole pack

age shall be

forfeited; proviso, &c.

A bond exe.

cuted by one

partner in trade to bind

the whole firm,

&c.

20 days after clearance, in

23. That any bond to the United States, entered into for the payment of duties by a merchant belonging to a firm, in the name of such firm, shall equally bind the partner or partners in trade, of the person or persons by whom such bond shall have been executed.

§ 24. That in all cases of entry of merchandise for the benefit case of draw of drawback, the time of twenty days shall be allowed from the back, allowed date of the clearance of the ship or vessel in which the same for, &c. shall be laden, for giving the exportation bonds for the same: Proviso; the Provided, That the exporter shall, in every other particular, comply with comply with the regulations and formalities heretofore established for entries of exportation for the benefit of drawback.

exporter to

every other particular.

Penalties and

25. That all penalties and forfeitures incurred by force of forfeitures to this act, shall be sued for, recovered, distributed, and accounted be sued for for, in the manner prescribed by the act, entitled "An act to &c. according to the provi- regulate the collection of duties on imports and tonnage," passed on the second day of March, one thousand seven hundred Vol. i. p. 573. And may be and ninety-nine, and may be mitigated or remitted in the manmitigated as ner prescribed by the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities,

sions, &c.

prescribed,

&c.

accruing in certain cases therein mentioned," passed on the third Vol. I. p. 458. day of March, one thousand seven hundred and ninety-seven.. 26. That this act shall continue in force for the term of two years from and after the passing thereof. [Approved, April 20, 1818.]

CHAP. 75. An act to provide for the publication of the laws of the United States, and for Vol. iii. p. other purposes.

1785.

of state to

cause the acts

and resolutions of con

gress to be published in per in the dis

one newspa

1. Be it enacted, &c. That, at and during the session of each The secretary congress of the United States, the secretary for the department of state shall cause the acts and resolutions passed by congress at such session to be published, currently as they are enacted, and as soon as practicable, in not more than one newspaper in the District of Columbia, and in not more than three newspapers in each of the several states, and in not more than three newspapers in each of the territories of the United States. And he shall also cause to be published, in the like manner, in the said newspapers, or in such of them as he shall for that purpose de- ner. signate, the public treaties entered into and ratified by the United States.

trict of Columbia, &c.

Public treaties

to be publish

ed in like man

of the consti

with a certifi

state.

2. That, whenever official notice shall have been received, Amendments at the department of state, that any amendment which hereto- tution to be fore has been, or hereafter may be, proposed to the constitution published also, of the United States, has been adopted, according to the pro- cate of the visions of the constitution, it shall be the duty of the said secre- secretary of tary of state forthwith to cause the said amendment to be published in the said newspapers authorized to promulgate the laws, with his certificate, specifying the states by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the constitution of the United States.

In case of wil

lishing the

the

shall deduct

3. That the proprietor of every newspaper in which the One dollar per laws, resolutions, treaties, or amendments, shall be so published, to the newspa pamphlet page shall receive, as full compensation therefor, at the rate of one per printers for dollar for each printed page of the laws, resolutions, and treaties, publishing the as published in the pamphlet form in the manner hereinafter directed. And if it shall appear, on the examination of any ful omission, account, that there has been any unreasonable delay, or inten- &c. in pubtional omission, in the publication of the laws aforesaid, the pro- laws, the proper accounting officer of the treasury is hereby authorized and per officer of required to deduct, from such account, such sum as shall be treasury charged therein, for the publication of any laws which shall from, &c. have been so unreasonably delayed or intentionally omitted. In case of And, in any such case, it shall be the duty of the secretary of omission or state to discontinue the publication of the laws in the newspaper neglect, the belonging to such proprietor, and such newspaper shall, in no state to disevent, be again authorized, nor shall the proprietor thereof be continue the again employed, to publish the laws of the United States. $4. That the secretary of state shall cause to be published, at the close of every session of congress, and as soon as practi- The secretary cable, eleven thousand copies of the acts of congress at large, cause 11,000 including all resolutions passed by congress, amendments to the copies of the constitution adopted, and all public treaties made and ratified tions, treaties, VOL. III.

192

secretary of

authority to publish, &c.

of state to

acts, resolu

gress, to be

&c. of every since the then last publication of the laws; which copies shall session of con- be printed on paper, and in the size of the sheet and type, in a published: manner to correspond with the late revised edition of the laws, to correspond with the revis- published by Bioren and Co. which copies shall be distributed ed edition. in the following manner: To every person who has been presiDistribution of dent of the United States, one copy to each, during their re

the 11,000

copies.

spective lives; to the present and every future president and vice president, one copy to each, during their lives; one copy to the actual president and vice president, to be deemed an appertenant to their offices respectively; to each member of the senate and house of representatives, and to each delegate in congress from any territory, one copy each; twenty copies to the secretary of the senate, and fifty copies to the clerk of the house of representatives, for the general use of the committees and members of the respective houses; to the judges and clerks of the supreme and district courts, and to the marshal and attorney of each district or section of a district, one copy each; to the secretaries of state, of the treasury, of war, and of the navy, and to each of their chief clerks, one copy each; one copy to the attorney general, to each of the comptrollers and auditors, and to the register and treasurer of the United States, and to the commissioner of the revenue, and the commissioner of the general land office, and to the paymaster general, and the adjutant and inspector general, and to the commissary general of supplies, and the director of the mint; one copy to each collector, naval officer, surveyor, and inspector of the customs; to the governors, judges, secretaries, and clerks, of the territories of the United States, one copy each; to the postmaster general, and each assistant, one copy; and one copy to each of the surveyors general of the lands of the United States, and to each register of a land office; and one copy to each publisher of a newspaper The delivery authorized to promulgate the same. The delivery of the said rection of the copies shall be under the direction of the secretary of state, or secretary, &c. such officer as he shall, for that purpose, authorize.

under the di

300 to the library of con

gress, for the use of mem

bers, &c.

the secretary

secretary of

5. That three hundred of the said copies shall be annually placed in the library of congress; and every member of congress, and every delegate, shall be entitled to the use of a copy during the session, and the same shall be returned and accounted for, 100 copies to as may be prescribed by the rules of the library. And one hunof war, and 50 dred of the said copies, authorized by this act to be printed, shall copies to the be delivered to the secretary of war, and fifty copies to the sethe navy, &c. cretary of the navy, to be by them respectively distributed among such officers of the army and navy as the public service may rebe reserved by quire. Four hundred copies shall be reserved by the secretary the secretary of state, to be distributed by him, at his discretion, among the public and foreign ministers and consuls, and other public agents. The residue of 6. That the residue of the said number of copies, authorized be distributed to be printed, shall be distributed among the several states and territories, in proportion to the number of representatives and delegates to which each state and territory may be entitled in congress, at the time of such distribution.

400 copies to

of state, &c.

the copies to

among the

states and territories.

When the sec

retary of state

7. That, whenever the secretary of state shall enter into any enters into contract with any person for the publication of the laws, in the