Page:United States Statutes at Large Volume 26.djvu/190

 136 FIFTY-FIRST CONGRESS. Sess. I. Ch. 407. 1890. or statement, or affected by such act or omission, such merchandise, or the value thereof, to be recovered from the person making the ent, shall be forfeited, which forfeiture shal only apply to thewhdlie of the merchandise or the value thereof in the case or package containing the particular article or articles of merchandise to which such fraud or alse paper or statement relates; and such person shall, upon conviction, be fined for each offense a sum not exceeding five thousand dollars, or be imprisoned for a time not exceeding two years, or both, in the discretion of the co1u·t. ¥¤°**•¤*;*,•° *0 bg Sec. 10. That it shall be the duty of the appraisers of the United yum States, and every of them, and every person who shall act as such """"’°‘°““°*’"°°· appraiser, or of the collector, as the case may be, by all reasonable ways and means in his or their power to ascertain, estimate, and appraise (any invoice or aiiidavit thereto or statement of cost, or of cost of production to the contraiéy notwithstanding) the actual market value and wholesale p1'lC6 o the merchandise at the time of exportation to the United States, in the principal markets of the country whence the same has been imported, and the number of yards, parcels, or quantities, and actua market value or wholesale price 0 everkpf them, as the case may require. "::¤**•*¤¤¤¤* °* Sec. 11: T t when the actual market value, as herein defined, of any article of imported merchandise wholly or partially manufactured and subject to ad valorem duty, orto duty ased in whole or in part on value, can not be ascertained to the satisfaction ·of the appraising officer, the appraiser or appraisers shall use all available means to ascertain the cost of production of such merchandise at the time of exportation to the United States, and at the place of manufacture; such cost of production to include cost of materials and of fabrication, all general expenses coveripg each and every outlay of whatsoever nature incident to such p uction, together with the expense of preparinghand puttingl up such merchandise ready for shipment, and an ad 'tion of eig t per cent. upon the total cost as _ thus ascertained; and in no sucp case shall such megrcliandizpl be {alp- ,,,_ praised u n original appraisa or re-a praisemen a ess an e mm total costpdf lpr uction as thus ascertailhed. Ni¤<·> sg,¤¤{¤1 ¤1> Sec. 12. That there shall be appointed by the President, by and M ° lm with the advice and consent of the Senate, nine general appraisers S°‘°”· of merchandise, each of whom shall receive a salary of seven thouu°f;_¤¤¢i¢¤¤vr¢¤¤¤¤~ sand dollars a year. Not more than Eve of such general "appraisers sbt to mg.; m shall be appointed from the same political party. They sha not be °"“" "‘“"°°°· engaged in any other business, avocation, or employment, and may R°“‘°'“ be removed from office at any time byithe Presic ent for inefficiency, mfj{f°° °‘ °”*P*°¥‘ neglect of duty, or malfeasance in office. They shall be employed at such ports and within such territorial limits, as the Secretary of ` the Treasury may from time to time (prescribe, and are hereby ”“"°‘· °“’· authorized to exercise the powers, and uties devolved utpon them by this act and to exercise, under the general direction o the Secretary of the Treasury, such other supervision over appraisements and classifications, for dut, of imported merchandise as may be needful to secure lawful and, uniform appraisements and classifications at the several ports. Three of the general appraisers shall be- B°°'°‘·°°N°“` Y°’*· on duty as a board of general appraisers daily (excem Sunday and legal holidays) at the port of New York, during the usiness ours mseemmmpiu. prescribed by the Secretary of the Treasury, at which port a place or samples shall be provided, under such rules and regulations as the Secretary of the Treasury may from time to time prescribe, which shall include rules as to the classes of articles to be eposited, the time of their retention, and as to their disposition, which place gf sapipfles shalllbe under the immediate cplntro and direction of the ., oar o genera appraisers on uty at said port. . ? Sec. 13. That the appraiser shall revise and correct the reports of QTS °” d““°°*° ”*· the assistant appraisers as he may judge proper, and the appraiser,