Page:United States Statutes at Large Volume 36 Part 1.djvu/127

SIXTY-FIRST CONGRESS. Sess. I. Ch. 6. 1909. 103 Upon receipt of said notice the collector, or person acting as collector, p,§g§“b“*"‘“"”* °* shall at once cause an investigation and a report to be made in ` writing by at least two customs officers touching the identity and quantity of fruit or perishable goods condemned, and unless roof to ascertain the shortage or nonimportation of fruit or perishable goods shall have been lodged as herein re uired, or if the importer or his agent fails to notify the collector oil such condemnation proceedings as herein provided, roof of such shortage or nonimportation shall not be deemed estaliilished and no allowance shall be made in the liquidation of duties cha eable thereon. "SEc. 23. That whenever it hfiall be shown to the satisfaction of ,;.§{’.$°2c_°f °x°°S° the Secretary of the Treasury that, in any case of unascertained or estimated duties, or payments made upon appeal, more money has been paid to or deposited with a collector of customs than, as has been ascertained by final liquidation thereof, the law required to be paid or de sited, the Secretary of the Treasury shall direct the Treasurer to refiihd and pay the same out of any money in the Treasury not otherwise appropriated. The necessary moneys therefor are hereby ,,,f§"§;,“,§‘§§,f,,f,'{‘§$,‘§; appropriated, and_ this appropriation shall be deemed a permanent f¤r· _ in efinite appropriation; and the Secretary of the Treasury is hereby ,,,f.’§,{{°"““g °‘°“°°1 authorized to correct manifest clerical errors in any entry or liquidation, for or against the United States, at any time within one year of _ . the date of such entry, but not afterwards: Provided, That the Secre- Q°,§’,§”§j Bateman, tary of the Treasury shall, in his annual report to Congress, give a °f*¤f¤¤d¤· detailed statement of the various sums of money refunded under the provisions of this Act or of any other Act of Congress relating to the revenue, together with copies of the rulings under which repayments were m*d°· . Officials not person- "Sec. 24. That from and after the taking effect of this Act, no any 1iab1e in mam collector or other officer of the customs shall be in anly way liable to "*’p°"J’b“" any owner, importer, consignee, or agent of any merc andrse, or any otherlkiperson, or or on account of any rulings or decisions as to the class' cation of said merchandise or the duties charged thereon, or the collection of any dues, charges, or duties on or on account of said merchandise, or any other matter or thingl as to which said owner, importer, consipnee, or agent of such mere andise mi§ht, under this Act, be entitle to alppe from the decision of said co ector or other officer, or from any oard of appraisers provided for in this Act. * P i h t f "Sr1c. 25. That any person who shal give, or offer to give, or m~11iiiigieeiii,edi¤miii promise to give, any money or thing of value ,_directly or indirectly, to °‘“°°”· any officer or employee of the United States in consideration of or for any act or omission contrary to law in connection with or pertaining to the importation, appraisement, entgr, examination, or inspection of goods, wares, or merchandise, inclu in herein any ba gage or of the liquidation of the entry thereof, or shag by threats or demands or promises of any character attempt to impro rly influence or control any such officer or employee of the United States as to the erformance of his official duties shall, on conviction thereof, be {fired not exceeding two thousand dollars, or be imprisoned at hard labor not mm { _ giore tl}an ope year, or bqith, in the discretion of the court and evi- dence, Mw °vf ence o suc ving, or 0 e , or romisin to give, satis acto to the court in which such trialliisghad F, shall begregarded as prima lgicie evidence that such givingl or offering or promising was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not done with an unlawful intention. _ "Sr·:c. 26. That any officer or employee of the United States who ugili’§’§h};‘$E§y€°2tS$: Shall, excepting for lawful duties or fees, solicit, demand, exact, or by °*“°***1¤· receive from any person, directly or indirectly, any money or thing of _ value in connection with or pertaining to the importation, appraise- ‘~ ment, entry, examination, or inspection of goods, wares, or merchandise, mclu ing herein any baggage or liquidation of the entry thereof,