An Act so Amending Sections Nineteen and Twenty-Five of Act Numbered Three Hundred and Fifty-Five, the Philippine Customs Administrative Act, as to Confer upon Certain Officers of the Customs Service the Right to Make Seizures and Arrests in Certain Cases and as to Release the Collector of Customs from Personal Liability for the Delivery of Merchandise to Other than the Proper Consignee under Certain Circumstances

August 3, 1906

ACT NO. 1520

AN ACT SO AMENDING SECTIONS NINETEEN AND TWENTY-FIVE OF ACT NUMBERED THREE HUNDRED AND FIFTY-FIVE, THE PHILIPPINE CUSTOMS ADMINISTRATIVE ACT, AS TO CONFER UPON CERTAIN OFFICERS OF THE CUSTOMS SERVICE THE RIGHT TO MAKE SEIZURES AND ARRESTS IN CERTAIN CASES AND AS TO RELEASE THE COLLECTOR OF CUSTOMS FROM PERSONAL LIABILITY FOR THE DELIVERY OF MERCHANDISE TO OTHER THAN THE PROPER CONSIGNEE UNDER CERTAIN CIRCUMSTANCES

SECTION 1. Section nineteen paragraph two, of Act Numbered Three hundred and fifty-five, entitled "An Act to constitute the Customs service of the Philippine Archipelago and to provide for the administration thereof," is hereby amended to read as follows:

"2. Prescribing the duties of different classes of officers, clerks, and subordinates employed in such service, conferring upon such officers or classes of officers, as he may deem proper, the right to make seizures and arrests in cases arising under the Customs Chinese Exclusion, Immigration, Navigation and such other laws as it is the duty of the Insular Collector to enforce."

SECTION 2. Section twenty-five of Act Numbered Three hundred and fifty-five, as amended, is hereby amended by striking out the words "No collector shall be personally liable for losses occasioned by his official acts, except for the delivery of the merchandise to the proper consignee, in accordance with the regulations herein prescribed, nor for the laches of his subordinates," and inserting in lieu thereof the following: TIADCc

"No collector shall be personally liable for losses occasioned by his official acts, except for the delivery of merchandise to the proper consignee, in accordance with the regulations herein prescribed: PROVIDED, That, in the case of a shipment of merchandise for which no proper bill of lading is presented, the collector of customs may, in his discretion, deliver such merchandise to the person claiming to be the consignee thereof, having first taken from such person a bond for the production of the proper bill of lading, signed by some surety company authorized under the laws of the Philippine Islands to be a surety on official bonds, for more than the invoice or manifest, or, in the absence of both, the appraised value of such shipment of merchandise; and in such case no responsibility shall attach to the collector of customs, if he shall transfer, or stand ready to transfer, to the true and proper owner of such shipment of merchandise all his rights under the said bond for the production of said bill of lading. No collector shall be personally liable for the laches of his subordinates."

SECTION 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 4. This Act shall take effect on its passage.

ENACTED, August 3, 1906.