Page:United States Statutes at Large Volume 46 Part 1.djvu/780

 SEVENTY-FIRST C ONGRESS. SEss. II. CH. 497. 1930 . The decision of the United States Customs Court upon any such appea l or prote st s hall be fi nal and c onclu sive upon all parti es unless an appeal is taken by either party to the Court of Customs and Patent Appeals, as provided in sections 501 and 515 of this Act. (d) INSPECTION OF DOCUDIENTS.-In proceedings instituted under the provisions of this section an American manufacturer, producer, or wholesaler shall not have the right to inspect any documents or papers of the consignee or importer disc losing any information which the United States Customs Court or any judge or division thereof shall deem unnecessary or improper to be disclosed to him. SEC. 517. FRIVOLOUS PROTEST OR APPEAL. The United States Customs Court shall, upon motion of counsel for t he Go vernm ent, and may, upon its own m otion, de cide wheth er any appeal for reappraisement or protest filed under the provisions of sectio n 501, 51 4, 515, o r 516 of this Act is frivol ous, and, if said court shall decide that such appeal or protest is frivolous, a penalty of not less than $5 nor more than $250 shall be assessed against the person filing such appeal or protest : Provided, That all appeals for reappraisement or protests filed by the same person and raising the same issue shall, if held frivolous by said court, be consolidated and deemed one proceeding for the purpose of imposing the penalty provided in this section : Provided further, That the person against whom such penalty is assessed may have a review by the Court of Customs and Patent Appeals of the decision of the United States Customs Court by filing an appeal within the time and in the manner provided by section 198 of the Judicial Code, as amended. SEC. 518. UNITED STATES CUSTOMS COURT. The United States Customs Court shall continue as now consti- tuted, ex cept that the chie f justice and the associate justices of such court now in office and their successors shall hereafter be known as the judges of such court. All vacancies in such court shall be filled by appointment by the President, by and with the advice and con- sent of the Senate. Not more than five of the judges of such court shall be appointed from the same political party and each of such judges shall receive, a salary of $10,000 a year. They shall not engag e in any o ther busi ness, voc ation, or emplo ymen t, an d sha ll hold their office during good behavior. The offices of such court shall be at the port of New York. The court and each judge thereof shall hav e and pos sess all the power s of a di strict co urt of th e United States for pr eservi ng ord er, co mpelli ng the attend ance o f witn esses and the production of evidence, and in p unishing for contempt. The court shall have power to establish from time to time such rules of evid ence, practi ce, an d proc edure, not in consis tent w ith la w, as may be deemed necessary for the conduct of its proceedings, in secur- ing uniformity in its decisions and in the proceedings and decisions of the judges there of, an d for the pr oductio n, car e, and custo dy of samples and of the records of such court. Under such rules as the United States Customs Court may prescribe, and in its discretion, the court m ay per mit th e amen dment of a p rotest, appea l, or applic ation for review. One of the judges of such court, designated for that purpose by the President of the United States, shall act as presiding judge, and in his absence the judge then present who is senior as to the date of his commission shall act as presiding judge ; and until any such designation is made the chief justice of the United States Customs Court now in office shall act as presiding judge. The pre- siding judge, or the acting presiding judge in his absence, shall have control of the fiscal affairs and of the clerical force of the court, 57894•-;31-17 Frivolous protests, etc. Customs Cou rt to decide upon. Penalty for filing . Provisos. Consolidation of sim. ilar appeals. Review of penalty by Court of Cus toms and Patent Appeals. Customs Court. Present judges to continue. Tenure. Proceedings. 737 ADMINISTNATIVN PR O- VI SION S. Decision final, unless appealed to Court of Customs and Patent Appeals. Inspection of papers, e tc ., of con signee re- stricted. A ppoin tmen t to va- cancies. Offices at New York . Judicial powers con- ferred. Am endments, etc ., permitted. Administrative powers.

�