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작성자 Ellis Rotz 작성일 25-01-04 16:26 조회 12 댓글 0본문
4) That it isn't enough t show that the loss may have been the result of negligence on the a part of the collector. On the shut of the plaintiff's case, the defendant asked the courtroom to direct a verdict for him, on the ground that, the motion being one for private negligence, the plaintiff had not brought residence to the collector personally any reference to the trunk on 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 discover a verdict in favor of the plaintiff in the event that they find that the loss of this trunk was on account 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 court to direct a verdict in his favor upon the same grounds on which the movement was made at the close of the plaintiff's case; that is to say, that there was no evidence in the case to attach the defendant with the destruction of the trunk; that, in the case of a public officer, the doctrine of regulation, respondeat superior, didn't apply; and that, before there might be any recovery from the public officer, it should be proven that he was personally responsible himself, and that the negligence was his personal act.
At the shut of 1916 several banks, belief corporations, and business and industrial institutions made special Christmas presents to their employees to compensate partially for the diminished buying energy of their salaries for the previous 12 months, the presents being a fixed 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 found what, within the train 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 discovered different dutiable articles; that he tried to seek out an appraiser to appraise and assess duties upon these articles, however didn't find one; that he reported to the staff officer having charge of the passengers and their baggage from that steamer, and, below his advice, marked the trunk for the public retailer, to be examined by the correct examiner, and have the duties assessed, سعر الدولار اليوم في البنك الأهلي below a bit of the regulations for the government of officers of the customs under the superintendence and route of the surveyor of the port of new York, which was admitted in evidence, and was as follows: 'Within the absence of the entry clerks or appraiser, dutiable articles taken from passengers' baggage shall be sent by the inspector, as quickly as potential, to the public retailer, and the passenger can be furnished by the inspector with the usual baggage certificate;' that, the trunk having been thus marked for the public retailer, and a receipt given to the plaintiff, it was put into the charge of the discharging officers of the vessel; that the inspectors have been allowed to send items to the general public store for appraisement only through a custom-house cartman; that the discharging officer who obtained the plaintiff's trunk didn't ship it to the shop-house, 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 underneath his custody, and was totally consumed by fireplace on the night of the thirty first of January,-the officers who had been there being pushed away by the flames; and that the fire occurred between 2 and three 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 can be despatched by the inspector, as quickly as potential, to the appraiser's store, and the passenger might be furnished by the inspector with the usual 'baggage certificate,' which will probably be in the next kind: Inspector's certificate of products sent to public store underneath baggage permit. She made a baggage declaration, below oath, which acknowledged that she had two trunks and two luggage, containing 'carrying apparel in precise use and private 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 said that the inspector had despatched the one trunk, for appraisement, to the general public store, underneath a baggage permit. It also appeared in proof that, under article 431 of the customs laws, it was the responsibility of the collector, on the arrival of any steamer of a regular line from a foreign port, to detail an skilled entry clerk, who, with a similar clerk to be designated by the naval officer, and an assistant appraiser or examiner to be detailed by the appraiser, should, together with the inspector on board, examine all the passengers' baggage, place the dutiable value upon the identical, and, if dutiable articles were found, appraise the same, and assess the duty thereon.
13) That the directions devolved upon the customs officials at the vessel a discretion to find out whether the amount and number of the dutiable articles was such that the right classification and examination for appraisement thereof could not be made on the vessel, and, if they decided it couldn't be, to ship the trunk and its contents to the general public retailer for appraisement. 11) That it seems by the proof on this case that one of the directions by the secretary for the guidance of the officers at the vessel in which the plaintiff's trunk came, was a provision that, at any time when any trunk or package deal introduced by a passenger as baggage contains articles subject to obligation, the worth 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 cannot be made, أسعار الدولار مباشر the trunk or package deal shall be sent to the public store for appraisement. 1877.' 'Art. 104. Whenever any trunk or package brought by a passenger as baggage accommodates articles subject to responsibility, and the worth thereof exceeds $500, or if the quantity or variety of the dutiable articles is such that a proper examination, classification, or appraisement thereof can't be made at the vessel, سعر الدولار اليوم في البنك الأهلي المصري the trunk or package deal shall be sent to the general public store for appraisement.' 'Art.
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