SEC. 35. At ports where a surveyor is appointed, inspectors shall be assigned to duty by him, subject to the orders of the collector; otherwise they shall be assigned by the collector. At ports where inspectors are required to wear uniforms, they must always be worn when on regular duty. When inspectors are ordered on special service they must wear a badge of office conspicuously displayed, unless otherwise authorized or directed. All inspectors shall ascertain whether sailing vessels coming within their official cognizance are provided with the signal lights prescribed by law, and shall report all cases of non-observance of this law, in order that the legal penalties may be enforced.
Inspectors are required to send at once to the public stores all goods seized by them for violation of law, taking the storekeepers' receipt for such goods, and sending such receipts, with full reports of the case, to the surveyor.
They shall not perform any private or unofficial duties or services on board the vessels to which they may be assigned, under penalty of dismissal from the service.
Inspectors stationed aboard vessels are entitled to receive suitable meals and accommodations while on such vessels in the performance of their duties.
SEC. 36. Customs inspectors shall be divided into the following classes:
HARBOR DISTRICT INSPECTORS.
SEC. 37. Harbor district inspectors must be in their respective districts during such hours as the surveyor may direct, and where two inspectors are assigned to the same district one or the other or them must be constantly on duty during the prescribed hours. They have general supervision of all vessels coming into their districts, and shall report all discovered violations of the revenue or navigation laws and regulations to the surveyor. They are to make examinations as often as necessary of vessels coming into their districts, and to ascertain whether coastwise vessels are properly documented and have duly complied with all laws relating to navigation. They shall secure and seal the hatches and openings of all vessels from foreign ports coming within their districts, and retain the custody of the same until relieved by discharging inspectors.
If no assignment of an inspector is made especially to such vessels, the harbor district inspector shall take charge of the lading thereof without further notice.
In the case of vessels permitted to proceed to another district before completing discharging, the inspector in charge of the first district shall submit to the surveyor a statement of the portion of the cargo already discharged, for delivery to the harbor district inspectors, under whose supervision the remainder of the cargo is to of be discharged. The inspector in charge of the final delivery shall make the final returns of discharge. They shall report daily to their surveyor the names of all importing vessels which arrive in their districts during the previous day, distinguishing between those not discharged, those partly discharged in their districts, and those wholly discharged.
They shall each keep a permanent record book, in which to enter, with necessary particulars, all entries, orders, and permits received by them, and in another book to enter an account of all coasting vessels examined, both books to be in the prescribed form.
SEC. 38. When the lading of the merchandise on board the vessel or other conveyance is completed, the harbor district inspector under whose supervision the lading is done shall indorse upon the original entry the proper certificate of the shipment. When merchandise for export or transportation has been ordered to be weighed or gauged, the name of the weigher or gauger by whom the same was done shall be given underneath the certificates. If a manifest is required to be delivered to the master of the vessel or to the conductor of a railroad car, such manifest must be certified by the harbor district inspector and delivered as directed.
SEC. 39. Whenever any portion of the merchandise described in the export or transportation entry is not shipped in accordance with the orders and directions upon the entry the harbor district inspector, in making his certificate of shipment, shall state that the merchandise was shipped "in part," and the number of packages or quantity of merchandise not shipped must be specified underneath the certificate, and the reason, if known, why the merchandise was not shipped, and the disposition made thereof must also be stated.
SEC. 40. Such unshipped merchandise must he sent to the nearest general order store with a ticket or receipt, describing the merchandise, and stating upon it that the merchandise is "for export or transportation, as the case may be but not shipped," which ticket or receipt shall be signed by the storekeeper.
SEC. 41. When the export or transportation entries are returned to the surveyor's office, the ticket or receipt for goods not shipped and sent to the general order store shall be attached to the original entry.
Officers who certify shipments of goods without due inspection and supervision of the shipments will be subject to the penalties prescribed therefor, in addition to dismissal.
BOARDING INSPECTORS.
SEC. 42. It is the duty of boarding inspectors to board vessels arriving from foreign ports, and after ascertaining the name of the vessel and master, and port of departure in each case, to examine the documents relating to the vessel and crew, and certify the manifest of cargo, verifying the same by actual examination, and, when necessary, to seal or otherwise secure the hatches and openings until the necessary permits for unlading can be granted and a discharging inspector assigned to the vessel.
COAST DISTRICT INSPECTORS.
SEC. 43. Coast district inspectors shall protect the interests of the revenue with respect to all goods, wares, and merchandise which may be landed or in any way come to the land from a vessel from a foreign port wrecked or stranded upon the coast.
On learning that a vessel has been wrecked or stranded the coast district inspector or other customs officer nearest the place where the casualty has occurred shall proceed to such stranded or wrecked vessel or as near such vessel as is possible, and, as soon as he ascertains the situation of the vessel, make report in writing of all the facts and circumstances in relation thereto to the surveyor of the nearest port of entry, or to the collector if there is no surveyor. In case the vessel is likely to break up, or if the condition of the vessel is such that its cargo can be landed or discharged therefrom, he shall remain at or near the wreck, and take possession and keep charge of all goods and merchandise which may come or be brought to land.
SEC. 44. In case the cargo of a vessel wrecked or stranded is delivered into lighters or other vessels for conveyance into port, the roast district inspector shall keep an account thereof, and before any lighter or vessel having on board any of the cargo is allowed to depart, shall make out two lighter manifests in the form prescribed, to he signed by the master, and stating as particularly as possible what cargo has been taken on board thereof. One copy of such lighter bill shall be retained by the master, and be by him delivered at the custom-house on the arrival of the lighter or vessel in port; the other copy shall be transmitted by the coast district inspector to the surveyor, or collector, if no surveyor, at the nearest port of entry. Whenever necessary the surveyor shall send additional customs inspectors to any wrecked or stranded vessel.
SEC. 45. Inspectors on duty at coastwise supports within a coast customs inspection district shall be known as coast subdistrict inspectors, and shall report to the coast inspector of their district.
SPECIAL DUTIES OF CUSTOMS INSPECTORS IN CHARGE OF CUSTOMS SERVICE CUTTERS.
SEC. 46. Special duties of customs inspectors in charge of customs service cutters are as follows:
1. The customs inspector in charge of the district to which a cutter may be assigned shall direct the operations and movement of the same, and shall be responsible for the employment of said cutter in the proper performance of the duties to him assigned.
2. He shall patrol the coast within the district of which he is in charge as thoroughly as is consistent with the proper performance of his other duties, and direct the operations and movements of customs cutters under his control.
3. He shall visit as frequently as possible all the opened and closed ports within his customs district.
4. He shall inspect the customs records and accounts of all subordinate customs officers within his district.
5. He shall instruct presidents, or other officials serving as customs inspectors, in the proper performance of their duties as customs officers.
6. He shall obtain all information possible relative to smuggling or other attempted frauds upon the revenue of the Philippine Archipelago, seize all vessels and goods so concerned, and arrest all parties concerned in such frauds or attempted frauds, immediately turning over all such vessels, goods, and parties to the collector of customs of the district within which the seizure occurs.
7. He shall inspect, as far as possible, the licenses and other documents of vessels trading within his customs district.
8. He shall assist, in every way within his power, the officers of the Philippines Constabulary in the performance of their duties.
9. He shall assist, in so far as may be possible, any of the other duly constituted Departments of the Government of the Philippine Islands in the performance of their proper duties.
10. Customs inspectors in charge of cutters shall be under the immediate supervision of the collector of customs of the port of entry of the collection district within which their customs inspection district. They shall make such reports to their immediate chief as may be from time to time designated by him, in addition to the regular reports of their operations hereinafter described.
11. Customs inspectors in charge of cutters shall as far as possible keep within reach by telegraph of their home port, and before starting out upon patrol cruises shall leave with the president of their home port, or with their authorized clerk or assistant, if any, a plan of the cruise contemplated, showing the probable time and date of their arrival at such of the coastwise subports as they intend visiting, in order that communication may be at all times had with them.
12. Customs inspectors in charge of cutters shall make full reports from time to time of all matters of interest observed by them on these cruises, of all occurrences connected with the performance of their duties, and will report by telegraph any arrests or seizures of importance, giving full particulars.
13. Customs inspectors in charge of cutters shall make regular requisitions through the office of the insular Collector for salaries of officers and crews of said cutters, and will pay the same regularly upon pay rolls, which shall be forwarded at the end of each month to the Auditor for the Philippine Archipelago, in accordance with instructions from him thereon.
14. Customs inspectors in charge of cutters are authorized to discharge any officer or member of the crew thereof in cases of emergency, or any member of the crew whose services are not satisfactory, reporting the same in writing to the Insular Collector, except that in cases where officers of customs have written contracts with the office of the Insular Collector the customs inspector shall request instructions, either by wire or letter, from the Insular Collector before discharging such officer or officers.
In all cases where members of cutters have contracts with the office of the Insular Collector, the customs inspector shall discharge them or any of them only for good and sufficient cause, and shall immediately report the case in writing to the Insular Collector.
15. In case of any discharges of officers or members of crews, as provided for in the preceding paragraph, customs inspectors are authorized to temporarily fill the vacancies thus occurring, immediately reporting such action to the Insular Collector for approval. Care should be exercised in the selection of such temporary appointees, and in case there is a regular shipping office available the temporary selections should be made thereat.
16. Customs inspectors shall see that due economy is exercised in the use of coal. Customs cutters should never be run at full speed except in case of emergency, and when not under way fires should be hauled or banked, as may be most advantageous under the circumstances.
17. Customs inspectors shall make out a regular monthly coal report, blanks for which will be furnished upon application to the office of the Insular Collector. These coal reports shall be forwarded monthly to the Insular Collector, together with a report of any changes in the officers or crews of cutters, giving the full name, rating, date, and cause of every change that occurs. Care should be taken that the pay rolls agree in every respect with the report of changes above referred to.
18. Money shall be advanced by customs inspectors to the captains of customs cutters for provisions, in accordance with the ration allowance, if any, provided for in appointments of said captains and officers. This money shall be expended under the supervision of the captain by the steward of the vessel, and only such part thereof shall be expended as may be necessary for the proper subsistence of the officers to whom such allowance may be made. Under no circumstances must the expenditures exceed the amounts allowed for any one month.
19. In case customs inspectors are directed, by proper authority, to any any passengers on official business, they shall apply to such authority for instructions as to the amount to which such passengers may he entitled for subsistence, and will supply the captains of customs cutters accordingly. In no case shall the amount for subsistence of such passengers exceed one dollar per day for each passenger, unless otherwise specially authorized by the Insular Collector. Money so expended for extra provisions shall be charged to the provision fund, and the amount received in return shall be accredited thereto, and regular reports thereof shall be sent each month to the office of the Insular Collector.
20. In case of emergency, customs inspectors are authorized to make emergency purchases from the funds in their possession, taking care that due receipts and vouchers are prepared and signed, and reporting all such cases immediately by wire or by letter to the Insular Collector. This authority shall be used by customs inspectors only in cases of extreme emergency. In all cases where purchases are made, either of coal or other supplies, the instructions of Auditor's office are to be strictly complied with.
21. Customs inspectors in charge of cutters shall make monthly reports to the Insular Collector giving all information obtainable as to water depth, soundings, ledges, sunken rocks, navigable streams, liars, wrecks, and so forth, within their inspection districts. These reports shall be prepared by the captain and officers of customs service cutters under the direction of the customs inspectors, by whom they shall be approved before transmission. Great care should be taken in their preparation, especially as to the fullness and accuracy of the information contained therein.
22. Customs inspectors in charge of cutters, and officers and crews thereof, shall at all times be courteous and careful in their speech and actions, especially when boarding vessels belonging to a foreign nation, whose officers and crew may speak a foreign language.
23. Copies of these regulations in both English and Spanish shall be furnished to all customs inspectors in charge of cutters, and to all officers and members of crews thereof. The presentation of a copy of these regulations to such officers or members of crews of cutters shall be deemed sufficient notification thereof to them, and an acceptance by them of the terms, conditions, and instructions herein provided.
24. Copies of these regulations in both English and Spanish shall be at all times kept on board customs service cutters, to be furnished upon request to captains of vessels boarded by said cutters, or to other persons entitled thereto.
25. Customs inspectors in charge of cutter and officers thereof only, shall be permitted to have on board or in their possession while in the performance of official duties one rifle or revolver, as may be elected by such inspector or officer, and one hundred and fifty rounds of ammunition therefor, each; and no other firearms, dangerous knives, or weapons of any description shall be carried on such cutters, except the regular armament therefor, if any, and the arms and weapons belonging to and in the possession of members of the Philippines Constabulary stationed aboard such cutters, unless special permission be granted therefor by the Insular Collector.
Inspectors in charge of cutters, and officers therefor, are hereby especially charged with the enforcement of the regulations in this respect, and any violation thereof shall he deemed cause for instant dismissal and such other action as may be deemed proper by the Government.
26. Customs inspectors shall see that a sufficient supply of official envelopes and stationery is at all times kept on board of customs service cutters for use in official correspondence and reports.
NIGHT INSPECTORS.
SEC. 47. Night inspectors are appointed for the purpose of preventing smuggling. They are required to keep a vigilant watchover the vessels, stores, or merchandise whose custody is committed to them, in order to prevent the landing between sunset and sunrise of any merchandise from any vessel, unless the same is done by proper authority and under the supervision of a discharging inspector, and to protect the bonded stores and merchandise from robbery or the unlawful removal of merchandise therefrom or from any wharf or place on which the same may be deposited.
Whenever cargo is being discharged from any vessel at night, under the supervision of an inspector, the night inspector assigned to such a vessel shall not interfere with such landing so long as the inspector is present in charge thereof, but night inspectors are authorized to demand to see, and the inspector is required to exhibit, the night permit for the working of the vessel. If merchandise is landed from the vessel when no inspector is present, the night inspector shall stop the landing and report the fact the next day to the surveyor or other proper officer.
SEC. 48. Night inspectors are required to stop any person or persons who may leave the vessel, store, or warehouse in their custody, and if they have reasonable cause to suspect that such person or persons are attempting to smuggle any merchandise they shall examine such person or persons, and any package of any kind in his or their possession. Searches of suspected persons should, if possible, be made in the presence of another officer or a citizen. They are directed to question any person who may attempt to go on board the vessel to which they are assigned in the night and to satisfy themselves of his right to go on board. They are required to keep a strict watch upon any small boat that may come near any wharf or vessel under their charge, and to take all necessary precautions prevent smuggling by such boats. They are required to arrest any person or persons in the act of smuggling foreign merchandise and to call for the assistance of the police or of citizens to aid them in so doing, and to seize, take possession of, and secure merchandise which has been smuggled or landed illegally from any vessel during the night.
SEC. 49. The chief inspector in charge of the night force shall assign the force to duty and make daily report of such assignments, together with any negligence, absence, or misconduct, he shall see that the night inspectors perform the duties assigned to them, that all seizures and arrests are promptly reported, and that the orders of the surveyor are obeyed.
DISCHARGING INSPECTORS.
SEC. 50. Discharging inspectors are assigned to vessels for the purpose of examining the cargoes and superintending the unlading and storing or delivery thereof, so as to prevent loss to the revenue of the Islands through failure to secure any lawful duties. They shall send to the nearest postoffice all letters, packages, and bags containing mail matter, take an account thereof, superintend the delivery to the postmaster and obtain a receipt therefor.
They shall obtain from the masters of vessels lists of articles reported by them at the custom-house as sea stores, compare the articles of the list and seal or secure all unbroken packages of dutiable goods claimed as stores, and report the same, with any excess of stores to the collector or the surveyor.
SEC. 51. Specie and valuables, usually in charge of the pursers of steamships, must be taken charge of by discharging inspectors as soon as possible after they first go on board the vessels. The special place or room where such specie and valuables are deposited and the safe or the packages containing the same must be locked with custom-house locks, or otherwise secured, until delivered on a permit from the proper customs officers.
SEC. 52. Samples of the cargo in hulk of the vessel shall, as soon as practicable, be sent by discharging inspectors to the appraisers store.
SEC. 53. They shall report to the surveyor any perishable or explosive articles among the cargoes to be discharged. They shall endeavor to save to the owners of goods intended for immediate export or transportation the cost of sending their goods to warehouses by retaining them on the vessel or wharf until the owners can obtain a delivery permit, provided that such retention does not delay the unlading of other goods and is not protracted beyond the period named in the customs regulations.
SEC. 54. They shall seize all goods imported or removed in violation of law and shall not permit any goods to be removed from the landing places thereof until they have been properly weighed, gauged, or measured, and shall require persons charged with the unlading of goods to properly separate, assort, and arrange the goods on their wharves for the convenience of customs weighers, gangers, measurers, and markers.
SEC. 55. Discharging inspectors shall not allow ballast, cargo, or coal to be taken on board their vessels while discharging, except on a lading permit; and where such permits are granted, inspectors shall report whenever the execution of the same is attended with danger to the revenue.
SEC. 56. They shall not unlade or deliver goods direct from a foreign port before the hour of sunrise or after the hour of sunset, except upon a special permit issued to the vessel whose discharge by night is desired.
SEC. 57. Whenever the discharge of a vessel under the revenue laws extends beyond the hour of sunset, the additional pay of the discharging officers is to be borne by the persons accommodated by the extension of the hours of discharge as fixed by the collector of customs, in accordance with the instructions of the Insular Collector.
SEC. 58. Discharging inspectors shall not leave their vessels for any cause without the consent of the surveyor nor go below deck, nor leave at night without closing the hatches or sealing them, so as to prevent the landing of cargo during their absence, nor until relieved by the night inspectors, when they shall call the attention of the latter to goods remaining on the wharves. When two or more inspectors are assigned to a vessel they shall remain on board as long as their services are required, and shall not leave the vessel for any purpose, nor go below deck for meals, unless one of their number be left in charge.
SEC. 59. They shall cancel and remove all customs seals before delivering goods not destined for further transportation under security of such seals, and shall report all cases in which customs seals appear to have been improperly manipulated.
SEC. 60. It is incumbent upon disbarging inspectors to check out the cargo, identifying it by marks and numbers, and to enter in a book, to be known as a discharging book, a record of all permits or orders for delivery of goods, showing the names of the persons in whose behalf the permits or orders are granted; the entry or bond number as indicated by the permit; the particulars specified in the permits or orders: the marks, numbers, and description of the packages ordered to be and actually unladen to what public stores, warehouses, or other places the respective lots of goods have been sent. The discharge book of each cargo is to be duly signed and delivered to the surveyor, as required in the following section.
SEC. 61. As soon as practicable they shall submit to the surveyor their discharging book, accompanied by the permits and orders of discharge, and all other vouchers relating to the disposition of the cargo and a return thereof. They shall first enter therein the baggage permit, if there is one and shall enter separately: First, all free permits; second, all consumption permits; third, all warehouse permits; fourth, all permits for the delivery of "I. T." goods to the surveyor; fifth, all permits for the delivery to the surveyor of merchandise for transport or export, designating in the corresponding column such packages as were landed, sent to the warehouse, or delivered to the surveyor.
On the return of the merchandise disposed of on consumption permits the entry number must in each instance be stated, and for merchandise delivered in bond, whether for warehouse, exportation, or transportation, the bond number must be stated on the return. In the marginal column must be noted all packages "not agreeing with permit" or "not found on board," and opposite to the entry of each warehouse permit the designated warehouse to which the merchandise was sent; or, if delivered to surveyor, the place of ultimate destination. Special care must be taken to state the correct date of the landing of merchandise from the vessel, and if it was landed on more than one day the first and last day on which each lot was landed must be stated. After the permits above mentioned are entered the inspector shall enter, under the proper designation, all packages by marks and numbers, which have been sent either to appraiser's store, sample office, general-order store, or elsewhere by special order, and all passengers' baggage sent to public store. After accounting for the cargo he must enter at the end of his on return a list of all the sea stores and of all the coal remaining on board. Such returns shall be signed by the inspectors, respectively, under whose superintendence the deliveries have been made. The names of the weighers, gangers, or measurers who have performed any duty in connection with the cargo shall also be stated.
SEC. 62. Discharging inspectors shall make report of goods be remaining on board their vessels after the expiration of the authorized time for discharge, in order that collectors, may take charge of such goods as unclaimed. Before reporting their vessel as fully discharged they shall make careful personal examination of all parts of such vessel.
WEIGHERS.
SEC. 63 Weighers shall be assigned to duty by surveyors. At ports where there is but one weigher, the assistant weighers shall be assigned to duty by him. He shall be held responsible for the correct and efficient discharge of their duties, and shall report to the surveyor any misconduct or neglect of duty on the part of any customs officer or employee.
Weighers are required to be at the places to which they are assigned whenever weighable goods are being handled from vessels discharging cargo from foreign port. They are required to inspect and take copies of all permits in the hands of discharging inspectors of vessels, whenever the collectors have, by designating articles named in the permits, directed the said articles to be weighed; and weighers are required to have and exercise a personal supervision of the weighing of such merchandise. They must not absent themselves from their office or harbor district during the hours of business unless by permission, nor shall they allow any other than an assistant weigher to take weights or to handle the beam.
SEC. 65. Weighers will be furnished by surveyors with proper blank dock hooks, in which they shall daily make a true and correct entry of goods weighed, specifying the date the weighing was performed. These books must be so kept that they will contain all the specifications necessary to a perfect account of the merchandise weighed. The weigher should first copy the order or permit in the hook and then proceed in all cases where the merchandise is required to he weighed by numbers, to enter the number and weight of each separate package weighed by him. The weigher must add the weights slated in each column of his book and give the gross weight and the net weight of each lot as returned by him, and at the end of all the entries the total gross weights must be recapitulated by him. The book must be indorsed on the outside with the name of the vessel, the date the return was filed in the surveyor's office, and the weigher's signature.
Whenever required by the collector for the purpose of liquidation, the dock book shall be delivered to him for inspection and verification.
SEC. 66. In order to facilitate the prompt liquidation of duties, weighers are required to make a special return of the weight of the articles embraced in each permit or order as soon as the same shall have been ascertained. Weighers shall file their completed books of weights within six days after the vessel has been discharged, in the surveyor's office as public records. A separate book shall be kept for the cargo of each vessel.
SEC. 67. Before weighing any merchandise the weigher must see that the beam is accurately balanced. As correctness of weights depends very much upon the accuracy of the poise, the beam should always be kept clean and frequently tested will the standard. A fairly even beam indicates the weight, but as in weighing merchandise it seldom happens that the beam will stand at an exact poise, but will go either above or below an even beam, the weight shall be taken on the rising beam. Weighers are required to mark the weight on each single package weighed.
SEC. 68. When a return has been once made by a weigher, it must not be amended or changed except by permission of the surveyor. The amended return must state why the amendment is made, and be checked or signed by the weigher before it is presented to the surveyor for his approval. The original figures shall be canceled by crossmarks and the amendment added, so as to show both records. When an amendment to a return is allowed, the weigher must correct his dock book in accordance with the amended return.
SEC. 69. From every invoice of railroad iron or steel, or any other similar goods, a sufficient number of bars of equal length shall be weighed in order to ascertain the average weight thereof, such number of bars to be counted, and the proper returns made as in the ease of any other merchandise but if the weight as shown by the returns of the weigher does not vary more than five per cent from that stated in the invoice, the entry shall be liquidated at the invoice weight. If the interested party does not accept the increase in weight arising from the above method of appraisal, the entire consignment may be weighed, but if he does accept the proposed increase in weight the appraisement may be considered as ended.
SEC. 70. Whenever a permit or order directs that goods be weighed and a special return be made therefor, the weigher shall weigh the goods designated and make a return separate and distinct from any other without delay. If the merchandise has been shipped before the order to weigh is received by the weigher, he shall indorse such fact on the back of the order and return it to the surveyor. Returns of the weighing of a cargo must be made to the collector within six days after the vessel has been discharged. Certificates or copies of weights shall be furnished by the surveyor at ports where there is such an officer, elsewhere by the collector.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
