Production bejore American consul. Provisos. Duty-free arti cles. shall be satisfied that the failure to produce the required invoice is due to causes beyond the control of the owner, importer, consignee, or agent. SEC. 18. That invoices required by the preceding section shall, at or before the shipment of the merchandise, be produced to the consul, vice-consul, or commercial agent of the United States of the consular district in which the merchandise was manufactured or purchased, as the case may be, when importation into the Philippine Islands is from a country other than the United States of America or any territory or place under the jurisdiction and control of the Government thereof: Provided, That the insular collector of customs may, in his discretion, dispense with the requirement for the consular invoices prescribed in this section in case the merchandise for which entry is sought is free of duty under this Act, in which event a commercial invoice certified by the purchaser, manufacturer, seller, owner, or agent shall be filed: And Imports from provided further, That when the importation is from the United States of America or any territory or place under the jurisdiction and control of the Government thereof production shall be to a collector of customs, deputy collector of customs, or United States commissioner. United States. Declaration by purchaser, etc. wise. Invoices shall have indorsed thereon when produced as above prescribed a declaration signed by the purchaser, manufacturer, seller, owner, or agent setting forth that the invoice is in all respects correct and true and was made at the place from whence the merchandise is exported to the Philippine Islands; that it contains, if the If purchased. merchandise was obtained by purchase, a true and full statement of the time when, the place where, the person from whom the same was purchased, and the actual cost thereof, and of all charges thereon; and that no discounts, bounties, or drawbacks are contained in the invoice except Obtained other such as have been actually allowed thereon; and when obtained in any other manner than by purchase, the actual market value or wholesale price thereof, at the time of exportation to the Philippine Islands, in the principal markets of the country from which exported; that such actual market value is the price at which the merchandise described in the invoice is freely offered for sale to all purchasers in said markets, and that it is the price which the manufacturer, seller, owner, or agent making the declaration would have received and was willing to receive for such merchandise sold in the ordinary course of trade in the usual wholesale quantities, and that it included all charges thereon; that the numbers, weight, or quantity stated is correct, and that no invoice of the merchandise described differing from the invoice so proof duced has been or will be furnished to anyone. If the merchandise was actually purchased, the declaration shall also contain a statement that the amount shown and the currency stated in such invoice is that which was actually Dat required, paid for the merchandise by the purchaser. Said declara Statement currency paid. tion shall be duly sworn to by the purchaser, manufacturer, owner, or agent before the officer to whom produced. Report SEC. 19. That consuls, vice-consuls, commercial agents, trade, collectors of customs, deputy collectors of customs, and commissioners of the United States of America having any knowledge or information of any case or practice by which any person obtaining verification of any invoice defrauds or may defraud the revenue of the Philippine Islands shall report the facts to the insular collector of customs. United States sels. SEC. 20. That United States Government vessels, Inspection of whether transports of the army or naval vessels, when Government ves coming from the United States or a foreign port to the ports of the Philippine Islands, shall be subject to the same inspection by customs officers of the Philippine government, for the purpose of determining whether they have on board articles of merchandise dutiable under the laws of the Philippine Islands, as such United States Government vessels are subject to by customs officers of the United States Government when such vessels enter ports of the United States from foreign countries, for the purpose of determining whether such vessels have on board articles or merchandise dutiable under the laws of the United States. used on to SEC. 21. That on all fuel imported into the Philippines, have Islands which is afterwards used for the propulsion of duty refunded. vessels engaged in trade with foreign countries, or between ports of the United States and the Philippine Islands, or in the Philippine coastwise trade, a refund shall be allowed equal to the duty imposed by law upon such fuel, Regulations. less one per centum thereof, which shall be paid under such rules and regulations as may be prescribed by the insular collector of customs. Allowed on ar ilar domestic. SEC. 22. That upon the exportation of articles manu- ticles of imported factured or produced in the Philippine Islands, including materials, or simthe packing, covering, putting up, marking, or labeling thereof, either in whole or in part of imported materials, or from similar domestic materials of equal quantity and productive manufacturing quality and value, such question to be determined by the insular collector of customs, there shall be allowed a drawback equal in amount to the duties paid on the imported materials so used, or where similar domestic materials are used, to the duties paid on the equivalent imported similar materials, less one per centum thereof: Provided, That the exportation shall be made within three years after the importation of the foreign material used or constituting the basis for drawback: And provided further, That when the articles exported or coverings thereof are in part of materials grown or produced in the Philippine Islands not subject to drawback under this Act, the imported materials, or the simi Provisos. Time limit. Materials entitled. not etc. Identification. Payment. lar domestic materials of equal quantity and productive manufacturing quality and value entitled to drawback, shall so appear in the completed articles or packages that the quantity or measure thereof may be ascertained: And provided further, That the imported materials, or domestic materials entitled to drawback under this Act, for which drawback is claimed, shall be identified; that the quantity of such materials used and the amount of duty paid thereon or if domestic materials, paid upon its equivalent, shall be ascertained; and that the fact of their exportation shall be established; and the refund if made shall be paid to the manufacturer, producer, or exporter, to the agent of any of them, or to the person such manufacturer, producer, exporter or agent shall, in writing, order such refund paid, under and in accordance with such rules and regulations as the insular collector of cusNot allowed on toms may prescribe: Provided, however, That no drawStates, admitted back shall be paid under this section on account of any articles, goods, wares, or merchandise exported to the United States of America or to any Territory or place under the jurisdiction and the control of the Government thereof, wherein such articles, goods, wares, or merchandise are admitted free of duty. articles to United free. Return of containers. Bond, etc. Internal-revenue tax on all States. SEC. 23. That containers, such as casks, large metal, glass, or other receptacles which are, in the opinion of the collector of customs, of such a character as to be readily identifiable may be delivered to the importer thereof upon identification and the giving of a bond with sureties satisfactory to the collector of customs in an amount equal to double the estimated duties thereon, conditioned for the exportation thereof or payment of the corresponding duties thereon within one year from the date of importation, under such rules and regulations as the insular collector of customs shall prescribe. SEC. 24. That in addition to the taxes imposed by this imports except Act there shall be levied and collected on goods, wares, or from United merchandise when imported into the Philippine Islands from countries other than the United States the internal revenue tax imposed by the Philippine government on like articles manufactured and consumed in the Philippine Islands or shipped thereto, for consumption therein, from the United States. Enforcement. Trade-marks. SEC. 25. That the insular collector of customs shall, subject to the approval of the secretary of the department having jurisdiction over the customs service, make all rules and regulations necessary to enforce the provisions of this Act. SEC. 26. That original jurisdiction in all cases arising in Philippine courts. the Philippine Islands is hereby conferred upon the courts of first instance of the Philippine Islands and appellate jurisdiction upon the supreme court of the Philippine Islands in matters arising under the Act of Congress approved February twentieth, nineteen hundred and five, entitled "An Act to authorize the registration of trade marks used in commerce with foreign nations or among the other States or with Indian tribes and to protect the same," identical with the jurisdiction conferred upon courts of the United States by section seventeen of said Act. laws, etc., re bilities contin SEC. 27. That all existing decrees, laws, regulations, Inconsistent orders, or parts thereof, inconsistent with the provisions pealed. of this Act, are hereby repealed, but the repeal of such decrees, laws, regulations, or orders, or parts thereof, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal takes effect; but all rights and Rights and lialiabilities under said decrees, laws, regulations, or orders ued. shall continue and may be enforced in the same manner as if said repeal had not been made. Any offenses com- Prior offenses, mitted and all penalties or forfeitures or liabilities incurred prior to the time when this Act shall take effect under any decree, law, regulation, or order embraced in, modified, changed, or repealed by this Act may be prosecuted or punished in the same manner and with the same etc. effect as if this Act had not been passed. All Acts of Limitations not limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in, modified, changed, or repealed by this Act shall not be affected thereby; and all suits, proceedings, or prosecutions, Pending suits, whether civil or criminal, for causes arising or acts done or committed prior to the time when this Act shall take effect may be commenced and prosecuted within the same. time and with the same effect as if this Act had not been passed. etc. days. SEC. 28. That this act shall take effect sixty days after In effect in 60 its passage. Approved Eight minutes after Five o'clock P. M. Aug. 5th, 1909. RESOLUTION. (No. 2.] Joint Resolution Making appropriations for the payment of certain expenses incident to the first session of the Sixty-first Con gress. Apr. 23, 1909. [H. J. Res. 45.] [Pub. Res. No. 2.] 36 Stat. L., pt. (For stationery for Resident Commissioners from the 1, p. 182. Philippine Islands. See p. 376.) Apr. 26, 1910. [S. 6131.] SIXTY-FIRST CONGRESS, SECOND SESSION. CHAP. 115.—An Act Making appropriation for the support of the army for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Expenses military information section, Manila; Pay of Philippine Scouts; Barracks and quarters, Philippine Islands; Care of insane Filipino soldiers; Contingencies, Engineer Department. See pp. 43, 45, 47.) CHAP. 191.-An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsen[Public, No. 152.] ates, and other insecticides, and also fungicides, and for regulating 36 Stat. L., pt. traffic therein, and for other purposes. 1, p. 331. May 6, 1910. [H. R. 19255.] Public, No. 156.] 36 Stat. L., pt. 1, p. 337. May 12, 1910. [H. R. 21419.] [Public 173.] 36 Stat. L., pt. 1, p. 355. June 24, 1910. [H. R. 23311.] (Applicable to the Philippine Islands. See p. 391.) CHAP. 199.—An Act Making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Relief and protection of American seamen in the Philip pine Islands. See p. 392.) CHAP. 230.-An Act Making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (Mail Bags. Purchase of material and manufacture of equipment. See p. 392.) CHAP. 378.—An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eleven, [Public, No. 261.] and for other purposes. 36 Stat. L., pt. 1, p. 605. June 14, 1910. [H. R. 25641.] (Naval magazine, Olongapo, P. I.; Barracks, Marine Corps, Philippine Islands. See p. 54.) CHAP. 291.—An Act Providing for the quadrennial election of members of the Philippine legislature and Resident Commissioners to [Public, No. 211.] the United States, and for other purposes. 36 Stat. L., pt. 1, p. 467. Philippine Is lands. Assembly Be it enacted by the Senate and House of Representatives to of the United States of America in Congress assembled, That serve four years. the present members of the Philippine assembly shall hold office until the fourth day of March, anno Domini nineteen hundred and twelve, and their successors shall be chosen 198 |