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작성자 Angeline 작성일25-01-04 18:53 조회5회 댓글0건본문
4) That it is not ample t show that the loss could have been the result of negligence on the part of the collector. At the close of the plaintiff's case, the defendant asked the court to direct a verdict for him, on the bottom that, the motion being one for personal negligence, the plaintiff had not brought dwelling to the collector personally any connection with the trunk at the time it was destroyed; and that, if any negligence was to be imputed to the subordinate officers of the customs, such negligence could not be imputed to the collector. 5) That the jury cannot find a verdict in favor of the plaintiff in the event that they discover that the lack of this trunk was as a consequence of the personal negligence, or violation of statutes or regulations, on the part of the customs officers aside from the defendant personally. September, 1883. The proof being closed, the defendant moved the courtroom to direct a verdict in his favor upon the identical grounds on which the movement was made on the close of the plaintiff's case; that is to say, that there was no evidence in the case to connect the defendant with the destruction of the trunk; that, in the case of a public officer, the doctrine of legislation, respondeat superior, did not apply; and that, earlier than there could possibly be any restoration from the public officer, it should be proven that he was personally responsible himself, and that the negligence was his own act.
On the shut of 1916 a number of banks, belief firms, and business and industrial institutions made special Christmas presents to their staff to compensate partially for the reduced buying energy of their salaries for the previous year, the presents being a set proportion of the salaries. Evidence was then introduced on the part of the defendant tending to indicate that the inspector on the dock who examined the trunk discovered what, within the exercise of his discretion, he determined to be dutiable articles; that he reported to his superior officer that he thought the trunk contained dutiable articles, and that officer advised him to see what else he might find; that he found other dutiable articles; that he attempted to search out an appraiser to appraise and assess duties upon those articles, however didn't find one; that he reported to the workers officer having charge of the passengers and their baggage from that steamer, and, underneath his recommendation, marked the trunk for the general public retailer, to be examined by the correct examiner, and have the duties assessed, under a piece of the laws for the federal government of officers of the customs below the superintendence and course of the surveyor of the port of latest York, which was admitted in proof, and was as follows: 'Within the absence of the entry clerks or appraiser, dutiable articles taken from passengers' baggage shall be despatched by the inspector, as soon as doable, to the general public retailer, and the passenger can be furnished by the inspector with the same old baggage certificate;' that, the trunk having been thus marked for the general public retailer, and a receipt given to the plaintiff, it was put into the cost of the discharging officers of the vessel; that the inspectors were allowed to send goods to the public store for appraisement only via a custom-home cartman; that the discharging officer who acquired the plaintiff's trunk did not ship it to the store-home, as a result of there was no cartman on the pier to take it away, and none got here to take action, although an effort was made to procure one; that the trunk remained on the pier under his custody, and was totally consumed by fire on the evening of the thirty first of January,-the officers who were there being driven away by the flames; and that the fireplace occurred between 2 and 3 o'clock A. M. of the day following that of the arrival of the steamer.
117. Within the absence of the entry clerk or appraiser, dutiable articles taken from passengers' baggage will be despatched by the inspector, as quickly as doable, to the appraiser's retailer, and the passenger can be furnished by the inspector with the same old 'baggage certificate,' which will likely be in the following type: Inspector's certificate of goods despatched to public retailer underneath baggage permit. She made a baggage declaration, below oath, which said that she had two trunks and two baggage, containing 'sporting apparel in actual use and personal results not merchandise.' She declared 'nothing new or dutiable.' Her baggage was examined on the dock, and one trunk was detained by the customs officers, who gave her a receipt therefor, signed by an inspector, which stated that the inspector had sent the one trunk, for appraisement, to the public store, under a baggage permit. It additionally appeared in proof that, under article 431 of the customs laws, it was the duty of the collector, on the arrival of any steamer of a regular line from a international port, to element an experienced entry clerk, سعر الدولار فى البنك الأهلي who, with a similar clerk to be designated by the naval officer, and an assistant appraiser or examiner to be detailed by the appraiser, ought to, together with the inspector on board, look at all of the passengers' baggage, place the dutiable worth upon the same, and, if dutiable articles have been discovered, appraise the same, and assess the responsibility thereon.
13) That the instructions devolved upon the customs officials at the vessel a discretion to find out whether or not the quantity and variety of the dutiable articles was such that the right classification and examination for appraisement thereof could not be made on the vessel, and, in the event that they decided it couldn't be, to ship the trunk and its contents to the public store for appraisement. 11) That it appears by the evidence on this case that one of many instructions by the secretary for the steerage of the officers at the vessel during which the plaintiff's trunk got here, was a provision that, whenever any trunk or package introduced by a passenger as baggage incorporates articles subject to obligation, the value whereof exceeds five hundred dollars, or, if the quantity or number of dutiable articles is such that the proper classification and examination for appraisement thereof can't be made, the trunk or package will be sent to the general public store for appraisement. 1877.' 'Art. 104. Whenever any trunk or bundle introduced by a passenger as baggage incorporates articles topic to obligation, and the worth thereof exceeds $500, or if the quantity or number of the dutiable articles is such that a proper examination, classification, or appraisement thereof cannot be made at the vessel, the trunk or bundle will likely be despatched to the public store for appraisement.' 'Art.
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