`102 SIXTY-FIRST CONGRESS. Sess. I. Ch. 6. 1909. claimed b an rson, the burden of proof shall lie upon such nqiinlhiie cause re- claimant: 5l·’rov&e§? That probable cause is shown for such prose- •i¤i¤’¢<r cution, to be `udged of by the court. _ _ n1fe°§?2`i(ie°;iZthZ$rl2°riY “SEO. 21. 'l'hat all fees exacted and oaths administered by_officers P'°"‘°°‘*· of the customs, except as rovided in this Act, under or by virtue of existing laws of the United States, upon the entry of imgorted goods and the assing thereof through the customs, and a 0 upon_ all entries ofp domestic goods wares and merchandise for exportation, ‘Q,°°,,‘g,'$§g: ’°’ °" be, and the same are hereby, abolished; andin case of entry of mer- P° chandise for exportation, a declaration, in lieu of an oath, shall be filed in such form and under such regulations as may begrescribed ""“““°’· by the Secretary of the Treasury; an the penaltiesdprovided in the anu. p. os. sixth section of this Act for false statements in such eclaration shall "°"“°· · be a licable to declarations made under this section: Provided, Allowance in lieu pp . . . . . exrees. That where such fees, under existing laws, constitute m whole or m part, the compensation of any officer, such officer shall receive, from and after the passage of this Act, a fixed sum for each year equal to the amount which he would have been entitled to receive as fees for such services during said ear. _ _ _ ,s,{’&°,${,Y;;°,§*gi;,s°‘ P°" HSec. 22. No allowance shall be made m the estimation and ` liquidation of duties for shortage or nommportation caused by decay destruction or injury to fruit or other perishable articles imported into the United States whereby their commercial value has been destroyed, unless under regulations rescribed by the Secretary_ of Fi11ns1>¤¤>f· the Treasury. Proof to ascertain suclii destruction or nonimlportation shall be lodged with the collector of customs of the port w ere such merchandise has been landed, or the erson actipi as such, within ten APP“¤•**°¤· days after the landing of such merchandise. e provisions hereof shall apply whether or not the merchandise has been entered, and whether or not the duti have been paid or secured to be paid, and whether or not a permit of delivery has been (granted to the owner or g_¢_j¤<i¤¤¤¤¢¤* of consignee. Nor shall any allowance be ma e for damage, but the importers may within ten days after entry abandon to the United States all or any portion of goods, wares or merchandise of every description included in any invoice and be relieved from the payment ggghvghm umd of duties on the portion so abandoned: Promkied, That the por- X tion so abandoned shall amount to ten per centum or more of the total value or quantity of the invoice. The right of abandonment herein provided for may be exercised whether the goods, wares or merchandise have been damaged or not or whether or not the same ,¤§Kj;*g_t{;f¤g€°°d*°Y have any commercial value: rovidedjlurther, That section twenty- R.S·.S•~‘¢-2899.P·562- eight hundred and ninety-nine of the Revised Statutes, relating to the return of packages unopened for appraisement, shall in no wise prohibit the right 0 importers to make all needful examinations to determine whether the right to abandon accrues, or whether by reason of total destruction there is a nonimportation in whole or in part. d_}},gL{‘ ‘ “"°"‘ All merchandise abandoned to the government by the importers shall be delivered by the imglorters thereof at such place within the port of arrival as the chief 0 `cer of customs may direct, and on the ailure of the importers to comply with the direction of the collector or the chief officer of customs, as the case may be, the abandoned merchandise shall be disposed of by the customs authorities under _ such regulations as the Secretary of the Treasu may prescribe, at dggg, b;',f,;m,fg{;Q the ex ense of such importers. Vlfhere importeilyfruit or perishable tboririee goods liave been condemned at the port of original entry within ten days after landing, by health officers or other legally constituted authorities, the importers or their agents shall, within twenty-four hours after such condemnation, lodge with the collector, or the person acting as collector, of said port, notice thereof in writing, together with an invoice description and the quantity of the articles condemned, their location, and the name of the vessel in which imported.
