The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-21

A.
twisted straw: 1t also proved that article u
known in trade and commerce straw lAcss which is
ssea IN being manufactured uto hats bonnets 81, and
twisted straw is the material used for making straw
faces saik OF rye straw is split into two parts. and
Of commerce 1t further proved that the article had
Fever been imported, kno in trade in the United
States until the beginning Of the year ls7 Held
the sppellatons which articles Of import had Ia trads
and commerce at the time of Its snactmsnt and thai
twisted straw, not being known in commerce. nor pre-.
~ ct s.s. Ss boa :.
taxed under either of the denominations Of the straw
act Of s4o Held that tie msrehsrdss fans shn IL s -:
provisions OF section of the act and is subject to duty
Of 20 per cent not being otherwise ,ay provided
In the act Ordered judgment for the plaintiff for the
difference Of duty 80 exacted with Interest thsreonhs
amount 10 be adjusted at the custom house
Simon Ae,delson rs Hugh Aaroeu-Tnis case was re-
moved to this court by csrora from the Supreme Court
q ss ss ns f'e and
woollsn 8ocks waste shaddy all which he claimed 70
be subject to per cent duty And no more under sehs
dule Of section Of the tariff act Of ls4s Stat at
Large, 49, The appraisers returned the articles ~
prepared or manuas ured WOOL and the Collector, IN
80 per cent under schedule Is manufactures Of WOOL
stat: At Large, a The plaintiff paid the add.
onAi daty under protest in writing It not objected
that the protest Ia not In strict compliance with the
quirsmens Of the act of February g. 1s45 Section
schedule G Of the act of 1885, duty Of 80 per cent
oompons material Of chief value not provided
forn Schedule lays duty of per cent on swasts
the case show that the article In question the refuse
thrown of In sbssrng or finishing woolsn cloths that
It totally worthless IN that but pulvsrised and
known In trade and commerce IS waste or hockn and
in ported and In under that name by
prior to the passage of the tariff act CT 1886 He'll that
the article s provided for in schedule H. and be
made liable to duty of 30 per cent under schedule o.
and that the plsnt is entitled to judgment for the az
ference Of duties paid by him. with thereon from
the time OF yment-tbe amount to be adjusted at the
Custom ie Sui H 5udsme Hd for % RIn
removed BY the defendant by cora to this court rn
the Supreme Court of the State and rests the
cars Of Meudelson Maxwsll-the article imported
being refuse Of woollen cloths used by paper
Freaeb, and described the msrohandiss As lains .
relouer belle lasne rouge" belle ldie marapd "bsus
lame tanaine belle laiae ecara,e The custom house
appraisers returned 1t as prepared or manufactured
WOOL" aad the collector caused duty of thirty per
cent to DO imposed upon it manu'acturs OF WOOL
der schedule Of section of the tariff act of 1s48 q
Statutes Large The plair tiff paid duty making
Al the time his protest in wrntng that should be ad
mitted waste nap Of CLOTH per cent
and not be charged at thirty cent
weol" This rating at the Custom House prove to
have been in obedience to of the Seer etay
Of the Treasury directing the charge of 80 per cent
"waste, "fock 'shaddy," sground pulvsrized"
This article proved 10 be puvsrzsd shad
dytoe refuse thro off in the shearng finishing Of
woolen cloths and to be worthless In ITSELF but import
ed previous to the tariff Of 846 In that state and known
construction BY the Treasury Department Of the tarR
ac' net conclusive upon either party and the collector
s not justified BY such Instructions in laying duties not
warranted by law Held That the proofs his article
Is entitled to be admitted to entry payment OF duty
OF per cent ad pOore Judgment for the plaintiff foe
the difference with nsrsst-the amount to DO adjusted
Josiah Rich as Rich K,,oulton, Hugh Aas,ueH
me ne 20 o. on Oo sns psAnun MADE entry =
from Trieste in amount 26S forms, paper currency,
and claimed discount Of II 1916 being the ago
depreciation At that place between paper and silver
forms At the date Of the invoice September &c. 1850
Duties were levied on the paper valuation Of the invoice
cy ard the collector refused allow the derreciasa
Of II IT, demanded by the plaintiff To this exaction
maa' Ms th n writing IN due form
depreciation of the paper At Trieste at the date Of tbs
invoice in this CASE about II 1915 and also proved
by witness that the plaintiffs had imported goot f N
Trieste through the and such occasions they had
offered consular certificate Of the ao at the Custom
House, butt uni ormy refugedthe Off alleging
that 1t useless Congress had fixed the value Of the
orin whether silver paper In United States
but the witness did not that such consular cerd
try Of the goods In question On the contrary his tss
meny imports that was offered to this
section 81 Of the Of March 1799 q Stat 1T Large
673 the President through circulars the Treasury
of goods exhibited in foreign deprecated currency
shall be estimated in the United States currency in order
to determine the rate of duties thereon and that suh
regulation 10 in force in respect to deprecatons Of ths
Austrian FORM occurring since the act OF Congress Of
May 20 1896 70 Stat At Large l4 and that to entitls
the plaintiff to allowance for any of the
Austrian currency the invoice must have accom-
panied by consular certificate Of the value of such
repcy Held not to DO necessary for the collector
must prove his fully and offer to the collector
consular certificate or nd to produce it thereafter 10
be entitled to allowance for depreciation OF foregn
currency The Aintif having failed to make the requ
site proof in this particular judgment ordered for The
George Christ Albert Spies and Ed0ard Christ u.s. HupA
Maxwell The eff the goods in question, who
the manufacturers Of them cnnsgned invoice Of wool
lens the plaintiffs sale which duties and penalty
were exacted at the Ctom House. July IT, 1852 amount
ing TO- The action was brought to rsco back
$500 60 Of the sum- with interest rns amount !. COR
e1aotsd thereon sI 90 additional duty psnsiy
Appraiser s6-totA $3.50 90 On the 2sth Of June 1852
the plaintiffs entered at the Custom House invoice 81
dated may .hsa
the 10th Of July the plaintiffs notified the defendant
in writing OF their dissatisfaction Herewith and on
the same day made protest in writing, setting
forth amongst other things that the collector had
failed to order reappraifsment required by law
instructions administered BY of the principal
appraisers to merchant and the 18th the chAnt
!. conjunction with the general appraiser proceeded =
they state In their return to act upon the appeal Of the
Of Congress March g. 1851 This duty and psn.y sued
the plaintiffs took fourteen exceptions to the regularity
and legality Of the proceedings in the Custom House. only
Two o. when are oy Inc o1ars material 70 the
the plaintiffs could not maintain action to
back the S 70 for duties charged the enhanced valu
alton Of the geods account Of rreguarty either In
selecting or qualifying the appraisers oths swiss, BE-
his protest. which objected shat the appasa and
reapp asals not fairly impartAlly, lsga made
BY psrscns unprejudced and duly qualified to make
them" did not Is required BY the act Of Congrsss Of
February 49, 1a46 ret forth distinctly and specifically
the grounds Of his objection TO the regularity and egA
ty Of the appraemsnt made or wherein the appraisers
that tie collector had authority in law to impose the
additional duty Of 20 per cent on this i'm portation
der the act Of July So 1s4 sec becaue that act
only goocs which have bean ualy purchased
in for, Ign market and the act Of March g. 1851 l.
%, Statutes at Large 62s does not rescind modify
that qualification Held that the defendant was mot
authorized by law TO ax that additional duty penalty
OF 20 cent under the provisions of II Of the act
Of August 80 1S42 Is Statutes atLA,gs 6e4) under
those of IL Of the act of March 1873 Statutes
st large, 734) for Ike reason and also because the
increased duty penalty specified in both those lots ID
per cent, and the collector substitute lesser
different to be exactsd. Judgment for the plain
tits for $i06 40, with in crest.
Joseph Norris Hugh Kdr'rN The plaintiff, IN
August, 1851 imported invoice Of needles rom Liver