R. S., 2981.

Act June 10,

1896.

T. Ds. 17444,

LIENS FOR FREIGHT, CHARGES, OR CONTRIBUTION IN
GENERAL AVERAGE.a

Art. 335. Form of notice.-Notice of a lien shall de1880, sec. 10. scribe the merchandise and marks, numbers, or brands on Act May 21, the several packages, the bonded warehouse or other place 22610, where they are stored or deposited, the name of the owner, importer, or consignee, vessel, or common carrier, the date of arrival, and the amount claimed whether for freight or for charges or for contribution in general average.

22596, 22683,

24431.

This notice shall be signed by the claimant or his duly authorized agent, and verified by affidavit on form catalogue No. 736.

Art. 336. Filing of notice.-Every such notice shall be filed with the proper customs officer, numbered and entered forthwith in a record book or docket to be provided for that purpose having an alphabetical index, in which to enter the name of the party claiming the lien, the owner, consignee, or importer, description of goods, with the marks, place of storage, amount and character of lien, the name of the vessel or common carrier, and the T. D. 5866. date of discharge of the lien. Liens can not be filed against goods after sale by the Government.

Art. 337. To what applicable.-No notice of lien shall interfere with the due unlading of the cargo of any vessel or of the contents of any vehicle, but shall be held to apply to such goods only as have been removed from the custody and control of the common carrier by customs officers under an order of the collector, including goods entered for warehousing or for warehouse and transportation, or for warehouse and exportation, or for immediate transportation without appraisement, and unclaimed goods sent to a general order store, and goods ordered to the appraiser's stores.

Art. 338. Duty of collector.-Whenever a lien has been duly filed at the custom-house in accordance with these regulations, the chief officer of customs shall decline to deliver to the importer, owner, or consignee thereof any of the merchandise specified in such lien then held in customs custody, as defined in these regulations, until such lien shall have been satisfied; and he shall also notify the claimants whenever delivery permits have been issued prior to the filing of the lien. If, without fault of the claimant, notice of lien shall not be filed until after the

@ See Art. 416.

lading of the goods for transportation, the collector shall send information to the chief officer of customs at the port of destination of the filing of the lien and the latter officer shall be governed accordingly.

Art. 339. Preliminary notice.-When the cargo of a vessel is subject to a contribution in general average, and in order to afford reasonable time for the making and filing of individual notices of lien, as provided in article 335,of these regulations, a preliminary notice thereof may be filed with the collector, who thereupon shall withhold delivery of any merchandise imported in said vessel which shall be taken into customs custody as defined in these regulations for a period of two official days from and after the date of taking such custody, unless proof that the claim under such contribution for general average has been paid or secured be submitted in the manner provided in these regulations.

Art. 340. Lien on immediate transportation goods.Whenever a lien has been duly filed as to goods entered for immediate transportation without appraisement, the filing of said lien shall not prevent the forwarding of the goods under such entry, provided the entry is made within the ten days allowed by the act of June 10, 1880. In such case the collector at the port of arrival shall at once notify the chief officer of customs at the port of destination of the filing of the lien, and the goods, on arrival at said port, shall be subject to the provisions of these regulations, and shall be treated thereunder at the port of destination in the same manner as if originally imported there.

Art. 341. Proof of discharge.-Proof that the claim under the lien has been paid or secured shall consist of a discharge of the lien in writing signed by the person claiming such lien and served by the owner of the goods upon the chief officer of the customs. When such evidence shall have been deposited with the collector, the permit covering the goods shall be stamped "Lien discharged," and no further delay of delivery shall be made on account of such lien. This notice of discharge will be entered in the record book against the lien, and filed. Customs officers shall not collect or receive the freight, charges, or contributions in general average covered by such liens. Art. 342. "Freight" and charges" defined.—The 22610, 22683. freight which is specified in the above-quoted act is held 24431.

66

T. Ds. 22596,

T. D. 23412.

to be the freight charged for the ocean transportation of the goods and the inland freight charged for delivering to an interior port goods covered by through bills of lading for such ports; the "charges" specified therein are the charges incident to the shipment of the goods abroad, together with any charges assumed by the claimant of the lien in forwarding the same to port of destination, but do not include the purchase price, whether advanced or to be collected, nor other claims connected with the carriage of the merchandise.

Art. 343. Settlement of disputes.-Customs officers have no authority to adjudicate disputes respecting the validity of any lien, except that whenever the amount of such lien depends upon the quantity or weight of merchandise actually landed, the collector may hold that the lien may be satisfied upon the payment of an amount computed upon the basis of the return made by the United States appraiser, weigher, or gauger.

Art. 344. Litigation-Bond of indemnity.-Where there is a controversy between the consignee and the carrier respecting the validity of the lien, officers of the customs. may deliver imported merchandise against which a freight lien has been filed to the consignee upon the deposit with them by the latter of a good and sufficient bond conditioned to pay all freight charges that may ultimately be found to be due or adjudged to be due in any court of competent jurisdiction, after proof has been made before said officers that the same bond was first tendered to the carrier by the consignee and refused by the carrier and that said bond is adequate to secure the carrier.

If it should be deemed necessary for their security, chief officers of the customs may, in addition, exact a bond of indemnity running to themselves to save them harmless from any personal liability which might otherwise accrue as the result of any litigation between the consignee and the carrier.

1897, sec. 25.

1903.

DISINFECTION OF HIDES.

Act July 24, Art. 345. Method of disinfection-Penalty.-Under the Act Feb. 2, provisions of the act of February 2, 1903, authorizing the Secretary of Agriculture to make such regulations and fix such measures as he may deem proper to prevent the introduction or dissemination of any contagious or infec

tious disease of cattle from foreign countries to the United States, he has recommended the following method for the disinfection of hides, when not dry salted or arsenic cured, imported from the countries of Europe, Asia, Africa, Australia, and South America, and the States of Campeche, Yucatan, and Mexico.

T. Ds. 15609, 19016, 19367,

23411,

Dry hides which have been salted or arsenic cured may be accepted as having been disinfected by the process of 21132, curing, and need not be submitted to any further treatment. Dry hides which have not been salted or arsenic cured should be disinfected. Disinfection with sulphur dioxide may be accepted in case a room is provided which can be tightly closed, and also in case the bundles of hides are undone and each hide suspended separately from the ceiling in such manner that there may be free circulation of the sulphur fumes, and that all parts of the surface may be acted upon. There should be at least 4 pounds of sulphur burned to each 1,000 cubic feet of air space, and the room should be kept closed and the hides subjected to the sulphur dioxide for six hours; or the dry hides may be immersed in a 4 per cent solution of carbolic acid, or a 24120. 1 to 1,000 solution of bichloride of mercury until they are thoroughly wet with the disinfectant. Fresh or moist hides, whether salted or not, should be disinfected by immersion in a 5 per cent solution of carbolic acid, or a 1 to 1,000 solution of bichloride of mercury.

23212,

26046.

T. Ds. 16692,

1897, sec. 25.

Any person convicted of the willful violation of any of,Act July 24, the provisions of section 25 of the act of July 24, 1897, regarding the importation of prohibited neat cattle and the hides of neat cattle shall be fined not exceeding $500, or imprisoned not exceeding one year, or both, in the,Act July 24, discretion of the court.

Art. 346. Hides not dry salted or arsenic cured.-Hides of neat cattle, other than dry salted or arsenic cured, the product of the countries above named, will require disinfection as above whenever they shall be shipped via the ports of any other country; and hides, other than dry salted or arsenic cured, the product of any country not named above, if transshipped and actually landed at ports in any of the countries named, will require disinfection.

Art. 347. Quarantine disinfection. The regulations herein provided do not in any way modify or affect any regulations concerning disinfection issued under the quarantine laws of the United States.

1897, sec. 26.

T. D. 22238.

T. D. 16704.

Art. 348. Prohibition of entry - Invoices.- Collectors will refuse entry of all hides of neat cattle, including calfskins, hide cuttings or parings, and glue stock, the product of neat cattle, shipped from or the product of the countries of Europe, Asia, Africa, Australia, and South America, except hides, parings, cuttings, and such glue stock which have been dry salted or arsenic cured T. Ds. 15648, or lime dried after a soaking for forty days in a strong solution of lime and except abattoir hides the product of Sweden, Norway, and Great Britain, in all cases where the invoices are not accompanied by proper certificates of disinfection.

15753, 21105.

T. Ds. 20582, 21190.

So far as the countries of Norway, Sweden, and Great Britain are concerned, however, entry may be allowed of moist hides imported direct therefrom without disinfection, provided the invoice shall contain the declaration of the shipper that the hides are the product of such countries and were stripped from cattle in those countries at abattoirs, and that a certificate shall also be produced from the official veterinarian to the effect that the hides were taken from perfectly healthy cattle.

INSPECTION AND QUARANTINE, ETC., OF ANIMALS.a

GENERAL PROVISIONS.

Art. 349. Ports of import and quarantine and inspection stations. (1) The following-named ports, subports, and customs stations are designated as quarantine stations, and all horses, cattle, sheep, and other ruminants, and swine imported into the United States and which are subject to both quarantine and inspection must be entered through said stations, viz, on the Atlantic seaboard: Boston, Mass.; New York, N. Y., and Baltimore, Md. On the Pacific seaboard: San Francisco and San Diego, Cal., and Port Townsend, Wash. Along the boundary line between the United States and Mexico: Nogales, Ariz.; El Paso, Eagle Pass, Laredo, and Brownsville, Tex. Along the border or boundary line between the United States and Canada: Vanceboro, Houlton, Van Buren, and Fort Fairfield, Me.; Beecher Falls, Island Pond, Newport,

a These regulations are a part of the regulations issued by the Secretary of Agriculture on April 4, 1907, under the act of August 30, 1890, and published in Treasury Department Circular No. 33 of May 31, 1907 (T. D. 28212). The number in parenthesis in each of the following articles is the original number of the regulation.