Page:United States Statutes at Large Volume 26.djvu/192

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

138 FIFTY-FIRST CONGRESS. Sess. I. Ch. 407. 1890. liquidate the ent accordingly, GXCGEH cases where an application shall be filed in the circuit court the time and in the manner provided for in section fifteen of this act. _ Review W circuit Sec. 15. That if the owner, importer, consignee, or agent of any ‘°°""“ imported merchandise, or the collector, or the Secretary of the Treasury, shall be dissatisfied with the decision of the board of general appraisers, as provided for in section fourteen of this act as to the construction o the law and the facts respecting the classification of such merchandise and the rate of duty imposed thereon under such classification, they or either of them, may, within thirty_days next after such decision, and not afterwards, apply to the circuit court of the United States within the district in which the matter arises, for a review of the questions of law and fact involved in such decision. _Such application shall be made by in the officle of the clecik of saad 0115 cuit court a concise sta emento e errors o aw an ac comp ame of, and a copy of such statement shall be served on the collector, or on the importer, owner, consignee, or agent, as the case may be. Thereupon the court shall order the board of appraisers to return to said ciregg, °'*d?gg, cuit court the record and the evidence taken by them, together with a "certified statement of the facts involved in the case, and their decisions thereon; and all the evidence taken by and before said appraisers shall be competent evidence before said circuit court; and within twenty days after the aforesaid return is made the court may, upon the application of the Secretary of the Treasury, the collector of the port, or the importer, owner, consignee, or agent, as the case may . 1******- e, refer it to one of said general appraisers, as an_officer of the

 °* mt court, to take and return to the court such further evidence as may

` be offered by the Secretary oftlthe Tlgteasqry, ccllectofp, importeiii owner, consignee, or agent, wi in s' y ays erea er, 111 suc order and under such rules as the court ma prescribe; and such further evidence with the aforesaid returns shall constitute the record

  • "““°°“’°“°·°*°· upon which said circuit court shall give priority to and proceed to

hear and determine the questions of aw and fact involved m such decision, respecting the classification of such merchandise and the rate of duty imposed thereon under such classification, and the decision of such court shall be final, and the proper collecto1·, or person acting as such, shall liquidate the entry accordingly, unless such court shal be of opinion that the question involve is of such im- C,,{,*f.{’f’“ °° S“l"'°"‘° ortance as to require a review of such decision by the Supreme Court of the United States, in which case said circuit court, or the judge making the decision may, within thirty days thereafter, allow an appeal to said Supreme Court; but an appeal shall be allowed on the lpart of the United States whenever the Attorney-General shall app y for it_ within thirty days after the rendition of such decision. On such original application, and orranyl such appeal, security for damages an costs s all be given as in the case of other appeals m cases in which the United States is a party. Said Supreme Court shall have jlll‘lS(llCiGlOll and power to review such_ decision, and shall Advancemenmetc. Pl’lOl'll5y to S110h 03.898, and may 3,iHl‘II1, modify, QI' I'6VGI'S9 Sl1Cl1 ecision of such circuit court, and remand the case with such orders P t { dg asmay secm tqx proper iin the premapes, whach shalltlbe execugsed e*Ym*“ ° “ ‘ accor in . na u men s, w en in avor o e impor er, m ms for imporgen shall be gatisfied and paiil bgr the Secretacy of {the Treasary fpom che 1>.»;¢,p.14n. permanent indefinite appropriation provide or in sec ion wen y- cmun mum m be three of this act. Forlthe pur oses of this section the circuit courts °*’°“‘ of the United States shall he cl)eemed always open, and said circuit Rum { med coqrts, respectively, may establtisgli, and fiogn tape to timc alter, rule; ° P “"’· anc regu a ions not inconsisten erewi or e proce ure in suc cases as they shall deem proper. w{,°{‘;jQ, 3* g;;;;! Sec. 16. That the general appraisers, or any of them, are hereby coueemrs, ew?authorized to administer oaths, and said general appraisers, the boards of general appraisers, the local appraisers or the collectors,