those seamen: the court observing that what cases au made upon the certificate of an disbursing officer 614. Disbursements are made, 1st, for salary or com- Disbursements, in pensation, as fixed by law or regulation; 2d, for labor or thorized. service casually or regularly employed; 3d, for supplies furnished under contract; and, 4th, for supplies procured casually, and in open market. Again, disbursements are made, 1st, for services employed, or supplies procured, by the disbursing officer; and, 2d, for services employed, and supplies furnished, under the direction of another officer, and to which he certifies, in order to payment therefor by the disbursing officer. In making payment upon the When payment is certificates of another officer, the disbursing officer is re- other officer, the sponsible for the proper form of the vouchers, for the cor- is responsible. rectness of the computations, and that the amounts are actually paid to the party receipting. No account, so certified for service, should be paid at greater rates, or otherwise, inconsistently with the law or regulations; nor for supplies, under contract, at higher prices than it provides; nor again, for supplies purchased in open market, at prices evidently above the market. In case any fact Disbursing officer comes to the knowledge of the disbursing officer, paying upon the certificates of another officer, going to show that the service or supplies have not been actually rendered or delivered, or are not at fair and proper prices, it will be his duty to withhold payment, and make such report to this Department as will lead to a proper examination. to withhold payment in certain cases. To have no inter est, direct or indi supplies or procuring services. Supervising 615. In respect to services or supplies employed and rect in furnishing obtained by the disbursing officer, he is bound to act exclusively for the interests of the United States, and employ the service, and obtain the supplies, on the best terms, in open market. It follows that he can have no interest, direct or indirect, in furnishing supplies, or procuring such service, whether the account be in his own name or and otherwise. Supervising and employing officers are proprohibited from hibited from appointing or employing under them any classes of persons. person in their private employment, or any relative or dependant, and from giving the patronage of furnishing supplies to any such person, or to any other person, without comparing, from time to time, his prices with those of others; and finally, from purchasing from second hands, instead of the regular dealers in, or manufacturers of, the articles required. employing officers employing certain Officers obtaining supplies responsi servation, &c. The disbursement of public moneys trust. be to act in person whenever it practicable. 616. The officer obtaining supplies, whether paid for ble for their pre- by himself or another, is responsible for seeing that they are carefully preserved, and faithfully applied to the purpose intended; and whenever articles, not consumed, become unfit for service, that they are sold, and the proceeds credited in the accounts herein prescribed and required. 617. The disbursement of public money must be rea high and delicate garded as a high and delicate trust, which cannot be Disbursing officer transferred to another. Every disbursing officer, therefore, whose other duties will possibly admit of it, will himself make the disbursements and take the receipts. In purchasing and procuring supplies or service, the government relies upon the judgment, discretion, and integrity of the disbursing officer, and, from the nature of the case, it can have no other reliance. It requires no additional proof that the service is needed and rendered, that the supplies are required, delivered and applied, and that both are at the proper prices; but relies that the disbursing agent acts on behalf of the United States, as an individual would for his own interest in similar transactions, and that the receipt, taken in his name, from the person who has rendered the service, or furnished the article, is the testimony of both that the transaction is fair and where he cannot proper. In case the disbursing officer's other duties will ments in person. not admit of his personal performance of this duty, he His duty in cases make the disburse will cause it to be performed under such supervision as will insure his own knowledge that it is faithfully done, and, in such case, he will cause the receipts to be taken, as from himself, as disbursing agent, by the hands of the person who actually makes the payment. 618. In case any disbursing officer has to render more than one account, he will transmit with them a schedule showing the description of, and balance due to or from him, on each account, and affix his signature thereto, agreeably to the following form: Schedule of accounts for the month of FORM No. 210. rendered by, collector of spectively due to or from said collector. of vessel to see that ered without perSec. 50 Act March ART. 619. It is the duty of inspectors, assigned to super- Inspector in charge intend the discharge of vessels, to see that the provisions no goods are delivof the 50th section of the general collection act, of the 2d mit. March, 1799, which forbid the delivery or unlading of im- 2, 1799. ports, except in open day, between the rising and setting of the sun, unless by special license from the collector and naval officer, if any for that purpose, and at no time without a proper permit, are strictly complied with. In case of violation of the provisions of that section, collectors will promptly enforce the prescribed penalties and forfeitures. ors in regard to Duties of inspect- 620. The duties imposed on inspectors by the 53d secdelivery of car- tion of the act of 2d March, 1799, must be faithfully per goes. 2, 1799. Sec. 58 Act March formed. They must attend to the delivery of cargoes under their care, at all times when such delivery is lawful, and for that purpose must constantly remain on board of vessels, the deliveries from which they are to superintend, or at other stations where their inspection is necessary, and will perform no other duty or service on board of vessels under their superintendence for any person whatever, other than as required by law; nor shall they leave their stations without the previous permission of the surveyor; and collectors will see that each violation of the law in these respects is visited with the penalties prescribed for the offence. One or more in spectors to be on ing or going one to other dis and inspect cargo. 2, 1799. 621. Collectors and surveyors of the customs are authorboard vessel arriv-ized to put one or more inspectors on board any vessel trict, to examine arriving within their districts, and to keep them on board Sec. 53 Act March While the vessel remains within such district, or while going from one district to another, for the purpose of examining the vessel's cargo, and superintending the delivery of so much of it as may be delivered in the United States, and performing such other legal services for the better security of the public revenue as shall be directed by the collector or surveyor. It must be understood, however, that the collector only has authority so to put and keep an inspector on board such vessel while going from district to district. Duty of inspector on board such vessel. Sec 53 Act March 2, 1799. 622. It is the duty of the inspector so put on board to make known to the master of the vessel the duties he is to perform, and to allow no goods to be landed or removed from such vessel, without a permit in writing for that purpose, subscribed by the collector and the naval officer, if any; and to enter in a book, to be kept by him in such form as the collector shall prescribe, the names of the persons in whose behalf such permits shall have been granted, the particulars specified therein, together with the marks, numbers, and description of the merchandise unladen in pursuance thereof, and of the merchandise which not having been entered within the time limited by law, or for other cause, has been sent to the public store, or warehouse in which such merchandise may lawfully be deposited; which book shall be delivered to the surveyor in the month of January, in each year, for his inspection and transmission, with such observations as he may deem necessary to the collector, and be filed in his office. officers &c., au board vessels and demand manifest tion. 2, 1799. 623. Collectors, naval officers, surveyors, inspectors, Collectors, naval and officers of the revenue-cutters, are authorized to go on thorized to go on board of any vessels, bound to the United States, in any and make inspec port of the United States, as well within as without their Sec. 54 Act March respective districts, or within four leagues of the coast, for the purpose of demanding manifests, or for making search or examination, and shall have free access to every part of the vessel. If any package shall be found in any part of the vessel separate from the residue of the cargo, it is the duty of the examining officer to take a description of it, and to put a seal upon it if he deems it necessary, and forthwith forward the account to the collector of the district of destination. If, on arrival, any package so described shall be missing, or the seal put thereon broken, the commander of the vessel shall forfeit and pay for every package so missing, or of which the seal shall have been broken, the sum of two hundred dollars. the vessel after Sec. 54 Act March 2, 1799. 624. The inspector put on board any vessel is authorized Inspector to secure and required to secure, after sunset in each evening, or pre- sunset or on leav vious to quitting the vessel, the hatches, and other communications with the hold, or other parts thereof as he may judge necessary, with locks or other proper fasteningsthe said locks or fastenings not to be opened, broken, or removed until the following morning, or after the rising of the sun, only in the presence of the officer by whom the same shall have been affixed, except by special license from the collector and naval officer, if any, for that purpose first obtained. If any of the locks or fastenings aforesaid shall be broken, or removed, during the night, or before sunrise, or without the presence of the inspector, or without the special license aforesaid; or if goods shall be clandestinely landed, notice thereof must be at once given by the inspector to the collector and naval officer, and the commander of the vessel shall forfeit and pay, for each such offence, the sum of five hundred dollars. make return with 625. The officer charged with deliveries from any vessel Delivery officer to is required, within three days after the same shall have in three days. |