Act July 1897, sec. 28. 24, 2928 R. S.; act of Feb. 23, 1887. T. D. 7449. R. S. 3021. returned to the person or persons owning the vessel at the time of the wreck, and on proper proof of identification. If, however, they have changed ownership, they are to be regarded as merchandise. ART. 607. Merchandise recovered from a vessel which has been for 2 years sunk in the waters of the United States and abandoned by her owners may be admitted free of duty without entry, under special instructions in each case by the Secretary of the Treasury. ART. 608. All merchandise picked up at sea derelict, or recovered from abandoned wrecks, will be taken possession of in the port or district where it shall first arrive and be retained in the custody of the collector as unclaimed. If not claimed and entered by the owner on due proof of ownership, by the underwriters in case of abandonment to them, or by the salvors in the absence of adverse claims, it will be subject to sale for duties in the usual manner. Salvors have an uncertain interest in the goods saved, dependent upon the decree of a competent tribunal, and also have a presumptive right to possession of merchandise saved by them from abandoned wrecks. The collector will therefore permit salvors to make entry of derelict or wrecked goods in either contingency. If the merchandise be libeled for salvage, the collector will notify the district attorney of the claim of the United States for duties, and will intervene for the same. When such goods are brought into port by lighters or other craft. each such vessel must make entry by manifest of her cargo. ENTRIES OF RAILROAD IRON AND MACHINERY, IN BOND, ART. 609. Iron rails and bars for railroads which have been laid down and used on the track of a railroad so as to require repair or remanufacture may be entered on the ordinary warehouse form modified to meet the special conditions of the case under a bond for exportation, within six months, from the port of importation. The account of such importations will be kept in the ledger for special bonds. FORM NO. 48 (OLD NO. 18). Entry of old and worn railroad iron for repair and remanufacture. Entry of worn railroad iron imported into this district by on the day of from 9 -. for repair or remanufacture, to be withdrawn and exported out of the United States after the same shall have been repaired or remanufactured (under provision of section 3021, Revised Statutes of the United States): Description. Quantity. Rates. This entry must be signed and verified by the declaration of the owner, consignee, or agent, as the case may be, making such entry in the form following: I, FORM NO. 481. do solemnly, sincerely, and truly declare that the within entry now subscribed with my name, and delivered by me to the collector of the district of , contains a just and true description and account of the property therein mentioned; that the quantity and value of the same are correctly and truly stated, according to the best of my knowledge and belief, and that the railroad iron therein mentioned has become partially or wholly worn by use to such extent as to require to be repaired or remanufactured, and is brought into this district solely for the purpose of being repaired or remanufactured, and that the said iron is not intended, directly or indirectly, to be sold, exchanged, consumed, or used within the limits of the United States. And I do further swear that if I shall hereafter know that the whole or any part of the said railroad iron shall have been sold, exchanged, or used within the limits of the United States, I will immediately report the same, with the circumstances thereof, to the collector. Sworn before me this day of Collector. ART. 610. Triplicate copies of this entry will be required, one for the collector's office, one for the naval officer, and one for the appraiser, upon which to report the result of examination. The collector will take a bond in amount equal to the value of said iron, in the following form, which bond can not be extended: FORM NO. 49 (OLD No. 19). Know all men by these presents that we, as principals, and and and as sure dollars, ties, are bound unto the United States in the sum of to be paid to the United States; for the payment whereof we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally, firmly by these presents; as witness our hands and seals this day of The condition of this obligation is such that if the above-bounden principals, or either of them, or either of their heirs, executors, administrators, or assigns, shall, within six months, to be computed from the date of the importation of the worn railroad iron hereinafter mentioned, imported by in the from -, consisting of [here insert description of the iron and statement of value, as contained in the entry], for repair or remanufac 9095-14 ture, under the provisions of Revised Statutes, 3021, redeliver the same to the collector of , the port of its importation, after its repair or remanufacture, for export, and furnish such proof of its identity as the Secretary of the Treasury by regulation may require; and shall enter the said iron for exportation from the United States, within the said six months, in the manner prescribed by law and the regulations of the Treasury Departinent, then this obligation to be void; otherwise to remain in full force and virtue. Sealed and delivered in the presence of [SEAL.] ART. 611. This bond having been executed, the collector will issue an order, countersigned by the naval officer, for the delivery of the iron to the party making such entry and giving such bond. This order will be in the following form: To the Inspector or Storekeeper at the Port: Bond having been given for the redelivery to the collector of customs at the port of of the following-described worn railroad iron, after repair or remanufacture of the same, to wit, [here describe the said iron] imported by on the day of you will deliver the same if found to be worn railroad iron as defined by Treasury Regulations, first causing the weight of the same to be ascertained. in the from 1897. This entry must be recorded in a ledger of special bonds, the same as an entry for warehouse, and credit will be given on evidence of the export of the merchandise. Act July 24, ART. 612. Machinery may be entered for repair and export under proceedings similar to those established for railroad iron, as above described. T. D. 11098, 11436, 11449. The lading of such machinery for export must be under the supervision of a customs officer, who shall certify to the identity of the article with that imported, and to its shipment. The bond will be cancelled only upon the presentation of a certificate of landing abroad. COPYRIGHTED BOOKS AND OTHER ARTICLES. ART. 613. Copyrighted books and articles, the importation of which is prohibited by section 4956, Revised Statutes, as amended by section 3 of the act of March 3, 1891, shall not be admitted to entry. Such books and articles if imported with the previous consent of the proprietor of T. 11098,11436, 11449, the copyright shall be seized by the collector of customs, D. 10264, who will take the proper steps for the forfeiture of the 11617,1489, 15664, goods to the United States under section 3082, Revised 17885.20430,21003, Statutes. ART. 614. Copyrighted books and articles imported contrary to said prohibition and without the previous consent of the proprietor of the copyright, being primarily subject to forfeiture to the proprietor of the copyright, shall be detained by the collector, who shall forthwith notify such proprietor in order to ascertain whether or not he shall institute proceedings for the enforcement of his right to the forfeiture. ART. 615. If the proprietor institute such proceedings and obtain a decree of forfeiture, the goods shall be delivered to him upon payment of the expenses incurred in the detention and storage, and the duties accrued thereon. If such proprietor shall fail to institute such proceedings. within 60 days from date of notice, or shall declare in writing that he abandons his right to the forfeiture, then the collector shall proceed as in the case of articles imported with the previous consent of such proprietor. ART. 616. Copyrighted articles, the importation of which is not prohibited, but which, by virtue of section 4965, Revised Statutes, as amended by section 8 of said act, are forfeited to the proprietor of the copyright when imported without his previous consent, and are moreover subject to the forfeiture of $1 or $10 per copy, as the case may be, one-half thereof to the said proprietor and the other half to the use of the United States, shall be taken possession of by the collector, who shall take the necessary steps for securing to the United States half of the sum so forfeited, and shall keep the goods in his possession until a decree of forfeiture is obtained, and the half of the sum so forfeited, as well as the duties and charges accrued, are paid; whereupon he shall deliver the goods to the proprietor of the copyright. Duties collected on prohibited copyrighted articles can not be refunded. In case of failure to obtain a decree of forfeiture, the goods shall be admitted to entry. JOINT REGULATIONS OF THE TREASURY AND POST-OFFICE DEPARTMENTS. 16046, 16739,17454, 21012. T. D. 1972. ART. 617. For the purpose of carrying into effect the provision in section 4965, Revised Statutes, as amended by the copyright acts of March 3, 1891, and March 2, 1895, T.D. 19514. which prohibits the importation of musical compositions duly copyrighted thereunder, and under the authority. T. D. 20490. T. D. 17106, 19265,19294,19505, 20178. conferred by section 4958, Revised Statutes, as amended, which provides that "the Secretary [of the Treasury] and Postmaster-General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the importation into the United States, except upon the conditions above specified, of all articles prohibited by this act," the following regulations are promulgated for the government of the officers of the customs and of the postal service, viz: ART. 618. Inasmuch as under paragraph 403, act of July 24, 1897, music in books or sheets, except in certain specified cases, is liable to customs duty, postmasters are instructed to carefully examine the mails from foreign countries and to forward all musical publications found therein to the nearest customs officer. Customs officers are instructed to keep a close watch for matter imported through the usual channels in violation of the copyright act. ART. 619. Upon the receipt of such matter from postmasters or in the usual channels, customs officers will proceed to collect, in the regular manner, the duty on all such matter as is properly admissible, and shall hold all music. in books or sheets imported in violation of any copyright of the United States, and notify by mail the owner of the copyright and the owner, importer, or consignee of the prohibited articles, or the person to whom addressed. ART. 620. If within three months from the mailing of the notice the owner of the copyright shall not institute proceedings for forfeiture of such articles under the provisions of section 4965, Revised Statutes, as amended by the act of March 2, 1895 (28 Stat., 965), or the owner or importer of the prohibited articles, or the person to whom addressed, shall not appear and show cause to the contrary, the customs officer is directed to burn or otherwise destroy the prohibited articles. TRADE-MARKS. ART. 621. The attention of officers of the customs and others is invited to the following provision of section 11 of the act of July 24, 1897, viz: That no article of imported merchandise which shall copy or simulate the name or trade-mark of any domestic manufacture or manufacturer, or which shall bear a name or mark, which is calculated to induce the public to believe that the article is manufactured in the United States, shall be admitted to entry at any custom-house of the United States. And in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer who has adopted trade-marks may require his name and residence and a description of his trade-marks to be recorded in books which shall |