The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-19

Treasury Circular.
We give below treasury circular. Of the 10th OF Apnl
in respect 10 the Ath section OF the tstif Of 1916 w,
do not perceive wherein these instructions differ from
those given BY Mr. Walker the 10Th November Is4s
The latter instructions The subject were as follows:
The 4th section OF the provides that the expsn.s ~
weehlns gaukinK OF measuring shalt be paid by The
sd % o. Tue Sooa under certain
not contain any weight, quantity, the oa
may be- and likewise when those quantities may stated ii
HE invoice, bot not so stated but being properly leeJ
are iouod 10 iai short Of the
bic fAtext after making due allowance for any difference
oe'weeh lhc moae oil determining quantities under laws
by weight gauge. OF and that OF the country o,
place from whence the merchandise may be md
when good reason should exist Tor the belief thai The GUAM
uty was Incorrectly given ia the invoices by design and
with intention e eyads payment Of the proper Of
duty then, Ia all such the expense OF the service re-
erted 10 must be paid by the owner agent or consiynee
Is II intended, We would respectfully inquire to re.
scind any part OF this circular which only exacts the ex
pense where there is no invoice fraudulent invoice
We presume not The last clause OF the present crcu
lar however seems very broad presume that if any
law exists authorize the refundns of alleged expenses
said 10 be erroneously charged ii will only be where
written protest. filed at the time with The collector pre-
coded such payment Under the law such written pro.
les, clearly required especially since the act Of the ID
Of March, lsio, requiring all duties. fees &C., be paid
mo Tue De pau out oHy unucI oil dlpt0
pTiation made by law.
The law requires previous written protest when du
ties refunded and in the from Boston. decided
at the last term OF The Supreme Court of the United
States, it clearly and unanimously ruled by the
court that to authorize the refundng Of duties paid
under the tariff of 1916 there must be precious
toren protest. and the only point Of doubt was. whether
the written protest in that instance applied TO the case
We presume the Secretary will not violate the law, and
decision under it by the Supreme Court oil the United
States by reundng in any such without previous
written protests
Circular Instructions to Collectors and other 0ee,s Of III.
CAsloms.
TREASURY DEPARTMENT, April l0,h 1851
The special no ice of the department having been called
the subject Of lees for weighing, gangng or measuring
articles of merchandise, entry thereof at the
houses due consideration has been given to the provisions
OF law and regulations applicable 70 the same Upon
Of The whole subject is deemed expedient
and proper issue the following instructions Tor the inor
OF the officers Of the customs in the
The Ath section Of the tariff OF 10th Jnly 546 enac
hat in all cases in which the invoice or entry shall
contain the weight, or quantity, measure Of goods
wares. merchandise now weighed, measured gauyed,
the shall DO weighed, aanged or measured al the
expense of the owner, agent. or consgnee"
Prior the foregoing enactmen the expenses Of weigh
ing gaugng, and measuring in the assessment OF duties
we're in all betrayed by the United States and is
conceived that such expenses should sill be borne
by the United Staier except in the specified The
| Ain section of the Of 3Olh July, 1916.
IL be remarked however, that where tho invoice Of
entry puporis give the weight, quantity measure
any article of merchandise order TO exempt tho owner
agent consiRnee from being charged with the expenses
evidently appear that these ttels ART
alphabetically vaguely given but stated in good alt
and subsequent ascertaament BY the proper ON.
GERS after making allowance for any difference thai
may exist between the mode OF determining quantity,
weight under laws and that Of the country
place from whence the merchandise may have been i'm.
ported the result shall exhibit weight, quantity OF
varying amount much from thai thus asce
taned raise the opinion Of the proper Officers
presum pton belief OF designed intentional
fraud or imposition upon the III all such
expenses noned be defay by the owner AGENT
| or cons ignee.
In all cases not herein enumerated, where weighing,
gauging, assuring becomes necessary the
dues the expense thereof hereafter 10 be bono
by the United States, and any instructions rogula-
lions conflicting with thosu issued are hereby 70
| scinded
In any cases. therefore, where owners, agents. con.
gnees your port have been subjected 10 the payment
OF OF The kind mentioned since The passage OF tho
tariff 30th July, 1886, 10 the principles laid
down instructions, the 10 be refunded
and collectors hereby authorized and instructed upon
receipt of applications from the parties inter
ested The usual certified statenen and transmit
the the department. in order thai the proper relief
may be afforded.
| VIM l.. HODGE,
| Acting Secretary OF the Treasury.