Page:United States Statutes at Large Volume 49 Part 1.djvu/909

 864 74 TH CONGRESS. SESS. I. CH. 689 . AUGUST 26, 1935. [CHAPTER 689 .1 August 26, 1935. AN ACT [s .3286 .] To abolish the oath required of customs and internal-revenue employees prior to [Public, No.335.] the receipt of compensation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States o f America in Congres s assembled, T hat sect ion 1790 of the Revised Statutes (U . S . C ., title 19, sec. 49) is hereby repealed. SEC. 2 . Section 1 of the Act entitled "An Act making appropria- tions for the legisla tive, ex ecutive, and jud icial ex penses o f the Government for the fiscal year ending June thirtieth, eighteen hun- dred and ninety-nine, and for other purposes ", approved March 15, 1898 (30 Stat . 277 at 286), as amended, is hereby amended by strik- ing there from t he fol lowing sentence : " 1-Hereafter collectors of customs and their special deputies shall be competent to administer oaths to officers of the Revenue Marine Service and employees in the Customs Service required by sections seventeen hundred and nine ty an d twen ty-six hundr ed an d nine ty-thr ee of the R evised Statutes ." SEC. 3 . Subdivision ( a) of section 641 of the Tariff Act of 1930 (46 Stat. 759 ; U. S. C., Supp. VII, title 19, sec. 1641) is hereby am end ed by str ik ing out "(e)" in line 17 and inserting in lieu thereof "(c)". SEC. 4 . Subdivisions (b), (c), and (d) of section 641 of such Acts are here by amend ed to re ad as fo llows "(b) REVOCATION OR SUSPENSION .-The collector or chief officer of the customs may at any time, for good and sufficient reasons, serve notice in writing upon any customhouse broker so licensed to show cause why said license shall not be revoked or suspended, which notice shall be in the form of a statement specifically setting forth the ground of complaint . The collector or chief officer of customs shall within ten days thereafter notify the customhouse broker in writing of a hearing to be held before him within five days upon said charges . At such hearing the customhouse broker may be rep resented by coun sel, and all pro ceedings includi ng the p roof of the charges and the answer thereto, shall be presented, with the right of cross-examination to both parties, and a stenographic record of the same shall be made and a copy thereof shall be delivered to the customhouse broker . At the conclusion of such he ari ng the col lector o r chief officer of custo ms shall forthwi th trans mit all papers and the stenographic report of the hearing, which shall con- stitute the record of the case, to the Secretary of the Treasury for his action. Thereupon the said Secretary of the Treasury shall hav e the ri ght to r evoke or suspend the lic ense of any cust omhouse broker shown to be incompetent, disreputable, or who has refused to comply with the rules and regulations issued under this section, or who has, with intent to defraud, in any manner willfully and knowingly deceived, misled, or threatened any importer, exporter, claimant, or client, or prospective importer, exporter, claimant, or client, by word, circular, letter or by advertisement. "An appeal may be taken by any lic en sed cu sto mho use broker fr om any order of th e Sec retary of th e Tre asury suspen ding o r Petition to proper revoking a license . Such appeal shall be taken by filing, in the ci rcuit court of ap- p eals, etc . circuit court of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Colum- bia, within sixty days after the entry of such order, a written peti- tion praying that the order of the Secretary of the Treasury be Customs and internal revenue employees. Oath requirement ab olis hed . U.S.C.,p.798. Certain auth oriz a- tions to administer oaths to, amended . Vol . 30, p . 286 ; U.S. C .,p . 796. R. S., sees . 1790, 2693, pp.317,529. Customhouse bro- kers . Vol.46,p.759. U.S.C.,p.902. Revocation or sus- pen sion of licen se. Notice to be given. Hearings. Transmittal of rec- ord to Secretary. Authority of Secre- tary. Appeal from Secre- tary's decision .