32 F. 655 | U.S. Circuit Court for the District of Southern New York | 1887
(orally.) The motion of the defendant to direct a verdict as to Exhibit No. 47, (or rather as to one case by No. 47,) whore there is no proof of the authority to sign the claimant’s name to the protest, is granted. The statute requires the protest to be signed by the claimant. It may, of course, be signed by a properly authorized agent of the claimant, but there is nothing here to prove either the Handwriting or the authority of the individual who wrote the firm.name to this protest, and added his initials to the signature. Nor is there anything in the contention that the protest was accepted at the custom-house, because the collector y?as under no obligation to inquire into the authority of the person protesting, before he received the written protest.
The defendant bas also moved for a direction of verdict in bis favor, as to Nos. 18 and 22 — the entries by the Arabia and tlie Arago — on the
The defendant also asks that a verdict be directed as to Nos. 3, by the Geo. Hurlbert, and 5, by the Asia, upon the ground that the payment of excessive duty was not made to obtain possession of the goods. The secretary of the treasury is authorized by the statute to make such regulations for the administration of custom-houses, and for the government of the different collectors, as may seem to him proper; and the regulations which he make's under that act are, so far as the employes of the custom-house are concerned, the law as to them. Section 625 of the regulations (which are in evidence) requires the officer who has charge of the inspection and deliveries from the vessels, to make returns, in writing, of each delivery, within three days; and section 517 requires the assistant store-keeper, or whoever was in charge of the warehouse, to keep accurate accounts of all goods received, delivered, and transferred.