Page:United States Statutes at Large Volume 36 Part 1.djvu/131

S1x·rY-F1RST CONGRESS. Sess. 1. os. e. 1909. 107 "If the importer, owner, consignee, or agent of any imported mer- of%§;¥,§;“,§l§g,§;,Q§§§{§ chandise,or the collector or Secretar of theTreasury, shall) be dissatis— Time limit " fied with the decision of the Boardy of General A praisers as to the P°”'p°m6° construction of the law and the facts respectin tlhe classification of such merchandise and the rate of duty imposed thereon under such classification, or with any other appealabie decision of said board, they, or either of them, may, within sixty days next after the entry of such decree or judgment, and not afterwards, apply to the Court of Customs Appeals for a review of the uestions of law and fact involved _ in such decision: Provided, That in zilaska and in the insular and other Em outside possessions of the United States ninety days shall be allowed _ for making such a plication to the Court of Customs Appeals. Such A*’p“°°“°“· application shall lie made by filing in the office of the clerk of said ` court a concise statement of errors of law and fact complained of, and ' a copy of said statement shall be served on the collector, or on the importer, owner, consignee, or agent, as the case may be. Thereupon °° "° the court shall immediately order the Board of General Appraisers to transmit to said court the record and evidence taken bly them, to ether with the certified statement of the facts involved in the case and their decision thereon; and all the evidence taken by and before said board shall be competent evidence before said Court of Customs Ap eals. The decision of said Court of Customs Appeals shall be final, and) such “"““"°‘ "°°"*°“- cause shall be remanded to said Board of General Appraisers for further proceedings to be taken in pursuance of such determination. "Immediately upon the organization of the Court of Customs Ap- c,ge’;”“*°'°‘ P““‘““g peals all cases within the jurisdiction of that court pending and not submitted for decision in any of the United States circuit courts of appeals, United States circuit, territorial or district courts, shall, with t e record and samples therein, be certified by said courts to said Court of Customs Appeals for further proceedings in accordance herewith: Promkled, That where orders for the takin of further testimony (’;',g';§‘§;,,0,, 0, ,e,,,_ before a referee have been made in any of suclgi cases, the taking of ¤¤¤¤y· such testimony shall be completed before such certification. T i " That in case of a vacancy or the temporary inability or disquali- 0e¤°€i°$l°ia”§¤£°" °° fication for angrreason of one or two `udges of said Court of Customs A peals, the esident of the United States may, upon the request ofp the presiding judge of said court, designate any qualified United States circuit or district jud e or judggs to act in his or their place, and such United States judge or ju es shall be duly qualified to so act. "Said Court of Customs Appeals shall have power to review any ,·el;{§?}l`t °f °°W°° °‘ decision or matter within its jurisdiction and may affirm, modify, or reverse the same and remand the case with such orders as ma? seem to it proper in the premises, which shall be executed according y. Ummm " Immediately upon receipt of any record transmitted to said court ` for determination the cler thereof shall gliicéi the same upon the _ calendar for hearing and submission; an such calendar shall be H°"""“ called and all cases thereupon submitted, except for good cause shown, at least once every sixty days. _ _ "In addition to the clerk of said court the court may a point an ,,tf§d‘m‘°“"1 "l°'l"• assistant clerk at a salary of two thousand Eve hundred db lars per annum, five stenographic clerks at a salary of two thousand four hundred dollars per annum each, and one stenographic re orter at a salary of two thousand five hundred dollars per annum, and)a messenger at a salary of nine hundred dollars per annum, all payable in equal monthly installments, and all of whom, including the clerk, shall hold office during the pleasure of and perform such duties as are assigned them by the court, Said reporter shall prepare and transmit to the °“°°”°’ '°"°""" Secretary of the Treasury once a week in time for (publication in the Treasury Decisions copies of all decisions rendere to that date by Dwmom to be said court, and prepare and transmit, under the direction of said p¤¤m.m