The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-02-12

Ran appraisement. Respectfully,
(Signedl NATHANixL GRrswoLD, c.nru...
EpMurD X. CoLLIEs, ) '''
CusroM Hovsr, New YoRx
Collectors Once, October 30, 1914.
Gentlemen: Your letter. under date of the 18th instant,
enclosing printed report of the decision recently made
by His Honor Judge Belts, the District Judge of the
United States for this District and requesting to he
formed to the future Of this Department in cases
damage, during the voyage Of Importation received
yesterday, and hasten to answer it.
have sn 10 %G sn
doubts on the subject but have had none
The 6al Section Of the Revenue Act d the I'd March,
$780, contain the following provisions -" All goods
wares and merchandise of which entry shall have been
made Incomplete without specification Of particulars
for any other cause, which. shall have received da
mage during the voyage to be ascertaned BY the proper
wares or merchandise shall arrive shall be to
warehouse store house. be designated by the
Collector in the parcels or packages containing the
same there to remain with due and reasonable care Of
proper officer until the particuars cost value
shall have been ascerained either by the exhibition Of
men at the option Of the owner importer consignee
in hereafter provded and Intt duties thereon
y r
for the appraisement Of goods and merchandise
not accompanied WITH the original invoice of their cost
voyage it shall be lawful for the Collector and upon
quest the party he is authorized to appoint
snohsr who shall sppra:s or value said soods wares
be subscribed By the parties making tie same, and be
verified oath affirmation before said Collector,
which oath affirmation shall be in the form following.
to wit" Then follow in the same section, the forms Of
quantity and value Of the goods for the es.ima-
ton OF the duties upon them, and the other ~ to
the Sus:g S ss and
sustained during the voyage, remain in full force with
the exception such damage Is now to be ascertain
ed the regular appraisers connected with the Custom
House instead OF two merchants to be Chosen a. above
stated.
appears to me, that these provisions, within them.
selves fully adequate to the accomplishment of the
object in view; and that their execution 10 not in any
way dependent upon or connected WITH the state law,
in the first part OF the secon are to be understood
having reference exclusively to port district derv
consequently the proper officers" referred to
in the placss by whom the damage merchandise
To suppose that any other than United States officers
nsd in view, would equally admit the idea that the
proper oicers under whose the merchandise is Ia
remain, might bsa State officer; and yet think
will contend for that.
Tbs Law says the first place. that the damage recev
ed by the proper Officers Of the port or district" do
not view this having any preliminary action in order
to lay the foundation for an ascertainment or apprase
ment of the damage but consider it to the
ainmen appraisement ITSELF This bslief arises not
only from the and spirit Of the section taken ogeth
but also from the fact that the word "ascertained,
which used in the first part also used in the latter
part with reference to the proceedings in detail.
nowsver should pc mistaken IN 70 TINS point,
snd II Should pc oeierminso that Prsmlnary enquiry
was y 'no as - WIG ,sis ~ Tsihs
some 20 DC ascertsineo o. spp.Issu, woua ~
no means ioow naI sucn enquiry cUuiq oe maze ~ any
olher tnun ne neVehuo omce " sno Snsu , Sses OF
sucn OF rem as msn' DC oepu'eo " 'ne ooc'o' i0r
ms' Pu'Posse' r,, ~. v,y.s s...
an apprasement damage the question arises
wne.ner la So s con.ena nsi - ~ DC con
elusive ~ o.ae ao, =, M sv'o ~ * ;, J,amsSe
arMs lne p'yaSs -, sn, ny " m p'..nS,Pa. 4uss
lions IN "a. & ne nus v hy ~
Wnouy VIII . Tr;sS S. ~ Th; ;I
wno ~. r. p % 20 ,s osth ,1ss
- MI e .s ~, ~ r0 h.I ; . s. Wy 20 an
ihe Jaw ior tns wncn 'no 'dc' u 'ne
oaTesa nasns a0Sruea u..ns sae voyseSs .,
ha aver par. oi .ne sec'ion unaeI POint
lng yu, no~ inc uanssJ - 20 sJ g. uIasr me
supel VI mt ~. .Louu, IN y
DC viewea % conPnnce WIN .Ie olecuon " ire pre-
vou' part tnst .ne usmsge ~ os a,ce. oy tne
pfopsr vncers " .ns Ios. % D ~ se nrst part
w, .nlns 40 p1 v.n0 " ~ p.vpS. "a 81
asas md dsaas he q n'as
that upon request Of the parties the Collector required
to cause the appraisement to be made"
The Goth secton of the Act in question in which Port
Wardens are spoken Of has no relation whatever 10 the