456. District court commissioners. The terms of office of all commissioners of the circuit May 28, 1896. courts heretofore appointed shall expire on the thirtieth Sec. 19. day of June, eighteen hundred and ninety-seven; and such office shall on that day cease to exist, and said commissioners shall then deposit all the records and other official papers appertaining to their offices in the office of the clerk of the circuit court by which they were appointed. All proceedings pending, returnable, unexecuted, or unfinished at said date before any such commissioner shall be continued and disposed of according to law by such commissioner appointed as herein provided, as may be designated by the district court for that purpose. It shall be the duty of the district court of each judicial district to appoint such number of persons, to be known as United States commissioners, at such places in the district as may be designated by the district court, which United States commissioners shall have the same powers and perform the same duties as are now imposed upon commissioners of the circuit courts. The appointment of such United States commissioners shall be entered of record in the district courts, and notice thereof at once given by the clerk to the Attorney-General. That such United States commissioners shall hold their offices, respectively, for the term of four years, but they shall be at any time subject to removal by the district court; and no person shall at any time be a clerk or deputy clerk of a United States court and a United States commissioner without the approval of the AttorneyGeneral: Provided, That all acts and parts of acts applicable to commissioners of the circuit courts, except as to appointment and fees, shall be applicable to United States commissioners appointed under this Act. Warrants of arrest for violations of internal revenue laws may be issued by United States commissioners upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector or deputy collector of internal revenue, or revenue agent or private citizen, but no such warrant of arrest shall be issued upon the sworn complaint of a private citizen unless first approved in writing by a United States district attorney. That United States commissioners and all clerks of United States courts are hereby authorized to administer oaths. PART L.-FEES PAYABLE BY PRIVATE PERSONS. 457. Fees on vessels payable by private persons. [NOTE. By section 1 of the act of June 19, 1886, and section 22 of the act of June 10, 1890, the system of compensating officers of the Government enforcing the navigation laws was materially changed. Nearly all the fees previously collected by them from masters and owners of vessels of the United States for services rendered were abolished, and payment made directly from the Treasury on the basis of the former fees. For this reason, wherever practicable in the text of this compilation, provisions requiring the payment of fees have been omitted as no longer in force between the master or owner of a vessel of the United States and the Government, but in force only as determining the compensation, in some instances, paid by the Government to its employees. Following are the sections of law above referred to, with a schedule of the fees which still remain payable by the owner, master, or agent of a vessel of the United States at ports on the seaboard and western rivers, and also at ports on the Great Lakes and northern, northeastern, and northwestern frontiers.] June 19, 1886. Feb. 14, 1903. On and after July first, eighteen hundred and eighty-six, no fees shall be charged or collected by collectors or other officers of customs, or by inspectors of steam-vessels or shipping commissioners, for the following services to vessels of the United States, to wit: Measurement of tonnage and certifying the same; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and bond and oath; indorsement of change of master; certifying and receiving manifest, including master's oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation, or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list, certificate of protection to seamen; bill of health; shipping or discharging of seamen, as provided by title fifty-three of the Revised Statutes [R. S., 4501-4612] and section two of this act; apprenticing boys to the merchant service; inspecting, examining, and licensing steam-vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel; and all provisions of laws authorizing or requiring the collection of fees for such services are repealed, such repeal to take effect July first, eighteen hundred and eighty-six. Collectors or other officers of customs, inspectors of steam-vessels, and shipping commissioners who are paid wholly or partly by fees shall make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury [or the Secretary of Commerce and Labor], under such regulations as that officer may prescribe; and the Secretary of the Treasury for the Secretary of Commerce and Labor] shall allow and pay, from any money in the Treasury not other Sec. 22. wise appropriated, said officers such compensation for said services as each would have received prior to the passage of this act; also such compensation to clerks of shipping commissioners as would have been paid them had this act not passed: Provided, That such services have, in the opinion of the Secretary of the Treasury [or the Secretary of Commerce and Labor], been necessarily rendered. All fees exacted and oaths administered by officers of June 10, 1890. the customs, except as provided in this act, under or by virtue of existing laws of the United States, upon the entry of imported goods and the passing thereof through the customs, and also upon all entries of domestic goods, wares, and merchandise for exportation, are hereby abolished: Provided, That where such fees, under existing laws, constitute, in whole or in part, the compensation of any officer, such officer shall receive, from and after the passage of this act, a fixed sum for each year equal to the amount which he would have been entitled to receive as fees for such services during said year. PORTS ON ATLANTIC, PACIFIC, AND GULF COASTS AND WESTERN RIVERS. For inspector's certificate to cancel bond, etc $0.20 Granting permit to a vessel not belonging to a citizen of the United States to go from district to district, and for receiving manifest.. 2.00 Receiving manifest, and granting permit to unload, for last-mentioned vessel on arrival at one district from another 2.00 Entry of vessel of 100 tons or more from foreign port.. 2.50 Entry of vessel under 100 tons 1.50 Clearance of vessel of 100 tons or more for a foreign port 2.50 Clearance of vessel under 100 tons.. 1.50 2.00 Post-entry Bond taken officially, not otherwise provided for, except when executed in connection with the entry or passage of goods through the customs, or with the entry of merchandise for exportatation.. Official certificate, except as above stated Collector's certificate to shipping articles... Special certificate to cancel bond not given in connection with entry of mer- Certified copy of outward manifest, if required Official documents (United States vessels' documents excepted) required by Services other than admeasurement to be performed by the surveyor in foreigngoing vessels of 100 tons or more, having on board merchandise subject to duty, Revised Statutes, 4186 (not applicable to vessels without cargo but with excess of sea stores).. .40 .20 .20 20 .20 .20 .20 3.00 Certified copy of bill of sale, mortgage, or other conveyance. For like services in vessels under 100 tons having similar merchandise. 1.50 .67 Duties performed by surveyor on vessel of less than 100 tons, if there be dutiable cargo.. Duties performed by the surveyor on vessel of 100 tons or upwards, if there be dutiable cargo. .50 3.00 Duties performed by surveyor on vessel of whatever tonnage with free cargo or ballast. Certificate of American growth or production, if required Clearance of an American vessel for a foreign port: Fee same as above (but no fee collectible for bill of health, certificate payment tonnage tax, crew list, or bond). Certificate to shipping articles, if required............ $0.20 .20 The fees allowed to surveyors for services other than admeasurement on board vessels may be charged by the collectors performing such services at ports where there are no surveyors, but such fees will not be collected from coasting vessels. Fees for the admeasurement of vessels under 5 tons in burden will not be charged. Collectors may receive port warden's, health officer's, and harbormaster's fees where it is a matter of convenience to all parties concerned. The term "legal fees," used in section 4206, Revised Statutes, does not mean pilotage, half pilotage, or similar local charges. Masters of passenger vessels from foreign territory not contiguous to the United States are required to pay, within twenty-four hours from entry, to the collector of customs at the port of arrival, $10 for each passenger over 8 years of age (not being a cabin passenger) who shall have died of natural disease during the voyage. Collectors, naval officers, and surveyors are required to have posted in a public place in their offices a fair table of the fees demandable by law at their ports, subject at all times to inspection, and to give receipts for fees collected, specifying the particulars, whenever required to do so. Failure to observe these requirements entails a penalty of $100 for the benefit of the informer. PORTS ON NORTHERN, NORTHEASTERN, AND NORTHWESTERN FRONTIERS. Post entry Official bond not otherwise provided for, except when executed in connection Official certificate not otherwise provided for, except as above stated. Certified copy of outward manifest, if required. Copy of marine document... Copy bill of sale, mortgage, or other conveyance.. Bond to retain cargo, if necessary. $2.00 .50 .20 .20 .20 .20 .50 2.00 ..50 .50 Clearance of an American vessel directly for a foreign port: Clearance.. .50 Bond to retain cargo, if necessary .50 Entry of an American vessel engaged in the coasting trade and touching at a foreign port: Post entry, if made........ 2.00 The fees allowed to surveyors for services other than admeasurement on board vessels may be charged by the collectors performing such services at ports where there are no surveyors, but such fees will not be collected from coasting vessels. Fees for the admeasurement of vessels under 5 tons in burden will not be charged. Collectors may receive port warden's, health officer's, and harbor master's fees where it is a matter of convenience to all parties concerned. The term "legal fees," used in section 4206, Revised Statutes, does not embrace pilotage, half-pilotage, or similar local charges. Masters of passenger vessels from foreign territory not contiguous to the United States are required to pay, within twenty-four hours from entry, to the collector of customs at the port of arrival, $10 for each passenger over 8 years of age (not being a cabin passenger), who shall have died of natural disease during the voyage. Permits are not required on the northern frontier to unlade cargo brought from an American port; but permits must be obtained, and existing laws complied with, previous to the discharge or landing of passengers, baggage, goods, wares, or merchandise brought from foreign ports or places. Canadian steamers trading on the northern frontiers from one foreign port to another, and touching during the course of such voyage at a port or place in the United States, and landing passengers, baggage, or freight are required to report. Enrolled or licensed vessels upon the frontiers departing from or arriving at a port in one collection district to or from a port in another collection district, although touching at an intermediate foreign port, are exempted from payment of the entrance and clearance fees of fifty cents each, and from the payment of tonnage tax, but in all such cases an entry or clearance must be made, and fees be paid of ten cents for certification of manifest and permit to go from district to district, and ten cents for receiving manifest. Vessels used exclusively as ferry-boats, however laden, will not be required to enter or clear, nor will the masters or persons in charge of such boats be required to present manifests or to pay entrance or clearance fees, or fees for receiving or certifying manifests; but such masters or other persons will be required to report to the proper officer of the customs in each instance, and to apprise him of any baggage, goods, wares, or merchandise which may have been imported in such boats from any foreign territory. Collectors on the northern, northeastern, and northwestern frontiers are authorized to keep on sale, at their several offices, biank manifests and clearances, and to charge therefor the sum of 10 cents for each blank, and no more. But this does not prohibit private persons from furnishing their own blanks, if said blanks are in accordance with law and regulations. Collectors, naval officers, and surveyors are required to have posted in a public place in their offices a fair table of the fees demandable by law at their ports, subject at all times to inspection, and to give receipts for fees collected, specifying the particulars, whenever required to do so. Failure to observe these requirements entails a penalty of $100 for the benefit of the informer. |